A spam text is nothing new, but did you know that if you receive one of these unsolicited messages you have protection and the right to monetary damages under the Telephone Consumer Protection Act (TCPA)? The TCPA provides protection against text messages sent to your mobile phone through the use of an auto-dialer when made without prior written consent. You do not even need to sign up for the Do-Not-Call list to be entitled to these protections. The TCPA provides ...
Continue Reading →22 JUN
On February 16, 2017, a class action lawsuit was filed by Fitapelli & Schaffer, LLP and Terrell Marshall Law Group PLLC against Raymour & Flanigan (“Raymour”) for allegedly violating the Telephone Consumer Protection Act (TCPA) by sending text messages to recipients’ cellular phones without their prior written consent. The TCPA makes it unlawful to make any calls, send any text messages, and/or send any faxes to a person or business, for commercial reasons, without that person’s express written consent. Each ...
Continue Reading →12 AUG
Telemarketing calls or spam calls as we call them, have been invading our homes, interrupting our dinners and blowing up our cell phones for decades now. As smart phones, computers and tablet devices have grown in popularity, telemarketing communications have increased at an astronomical rate. However, most of these telemarketing communications are unwelcome leaving us to wonder the best way to stop them. Luckily, under the Telephone Consumer Protection Act (“TCPA”), recipients of unsolicited calls, texts, or faxes have protection ...
Continue Reading →22 DEC
On December 19, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners and operators of “Life Protect”, including all of its present, former, and future direct and indirect parent companies, subsidiaries, affiliates, agents, and other related entities.
Life Protect is a Virginia corporation which claims to provide “quality medical alert systems and services for seniors.” The complaint alleges that Defendant utilizes an automatic ...
1 OCT
On September 30, 2014, Defendant AT&T Mobility LLC just filed a joint motion with Plaintiffs asking the U.S. District Judge to approve the proposed settlement of $45 million to resolve a proposed class action lawsuit that alleges violations under the Telephone Consumer Protection Act (“TCPA”). The First Amended Complaint, which was filed on June 5, 2013, alleged that AT&T Mobility LLC violated the TCPA by placing calls using an automated telephone dialing system or a prerecorded voice message to cellular ...
Continue Reading →15 AUG
A federal judge preliminarily approved another substantial settlement in a class action lawsuit against Chase Bank USA under which Chase Bank USA will pay $34 million. The class action was originally filed on July 12, 2012 and alleged that Chase Bank USA violated the Telephone Consumer Protection Act (“TCPA”) by placing calls to consumers’ cell phones without their prior consent. Specifically, the plaintiffs alleged that Chase Bank USA used an automated dialing service with an “artificial or prerecorded voice” or ...
Continue Reading →6 AUG
Capital One and 3 other collection agencies have agreed to pay nearly $75.5 million to settle a consolidated class action alleging that Capital One violated the Telephone Consumer Protection Act. The lawsuit was originally filed on December 10, 2012 in federal court and alleged that Capital One used prerecorded messages and an automated dialer to call customers’ cell phones in connection with an attempt to collect on credit card debt without first receiving prior express consent from the recipients of ...
Continue Reading →28 JUL
On July 17, 2014, a federal judge in the case, Bais Yaakov of Spring Valley v. Peterson’s Nelnet, LLC, preliminarily approved a $2.6 million settlement regarding claims against Peterson’s Nelnet LLC, a college and career planning company. The lawsuit was filed on January 3, 2011 in the United States District Court of New Jersey and alleged that Peterson’s Nelnet LLC violated the Telephone Consumer Protection Act (“TCPA”) by sending out more than 10,000 unsolicited and solicited fax advertisements ...
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