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Phone solicitation harassment? The TCPA can help

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Telephone solicitations are so unpopular that it is a wonder that American companies still use this tactic to try to generate businesses. Still, people get these unsolicited calls.

Most of the time, they are a minor annoyance, but some businesses choose to be overly aggressive. They use auto dialers to call their targets day and night, or use illegal “robo call” technology to send unwanted prerecorded messages. With the rise of cellphones, some unscrupulous companies text people without permission, possibly costing them money for a message they did not ask for.

Congress addressed these aggressive and harassing activities in 1991, when it passed the Telephone Consumer Protection Act, or TCPA. The law gives consumers the power to take businesses to court when their telephone marketing campaigns exceed reasonable standards.

While one person may have a hard time getting a crooked telephone solicitor to change its behavior, a group of people banding together can be hard to ignore. Class action lawsuits under the TCPA can have enormous effect. Besides getting the harassment to stop, class action litigation can generate compensation from $500 to $1,500 for each class member whose rights were violated.

Many of these cases never get to trial, as the accused business realizes that it broke the law, or is not eager to have its reputation damaged in public.

Of course, the best chance victims have of getting results is to have a law firm on their side that is experienced in class action lawsuits under the TCPA. The right firm can handle settlement negotiations and argue the case in court, if necessary.

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Undisclosed
Settlement

TCPA class action against the Los Angeles Times. Final approval granted 2014.

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$750,000
Settlement

Common fund class-wide TCPA settlement against home healthcare provider. Final approval granted.

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$27.6M
Settlement

TCPA class action certified on behalf of approximately 2,000,000 class members under Rule 23(b)(2) and (b)(3). Subsequently settled on a Rule 23(b)(2) and (b)(3) basis. Final approval granted.

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$5.2M
Settlement

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Unruh Act class action on behalf of approximately 240,000 consumers challenging Tinder’s age-based differential pricing for its subscription service. Final approval granted; subsequently went up on appeal.

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$390,000
Settlement

TCPA class action alleging HD Supply sent unauthorized marketing text messages to consumers’ mobile phones without consent between October 21, 2011 and July 26, 2017. Presided over by Judge Fernando M. Olguin. Case terminated January 29, 2018.

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$1,500,000
Settlement

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TCPA class action against a Kansas-based payday lender alleged to have contacted consumers via prerecorded calls on their cell phones to collect alleged debts without consent. California federal judge granted final approval.

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$6,500,000
Settlement

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Cal. Penal Code § 632.7 class action certified by contested motion under Rule 23(b)(2) and (b)(3) on behalf of over 40,000 class members whose calls were recorded without their knowledge or consent. Final approval granted.

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$13,000,000
Settlement

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$13 Million Class action alleging HSBC recorded consumer telephone calls without knowledge or consent in violation of California’s Privacy Statute (Penal Code § 632.7). California Federal Judge granted final approval.

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$34,000,000
Settlement

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One of the largest TCPA class action settlements in U.S. history at time of approval. Alleged Chase used an automatic telephone dialing system to contact consumers on their cell phones without prior express consent from July 2008 through December 2013. Settlement class included over 32 million members. Final approval granted March 2016.

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$150,000,000
Settlement

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Class action on behalf of over 100,000 owners of GM vehicles equipped with allegedly defective LG-manufactured batteries posing fire and safety risks. Litigation commenced December 2020. U.S. District Judge Terrence G. Berg indicated preliminary approval of the $150 million settlement.

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$100,000,000
Settlement

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Landmark gig-economy class action. DoorDash drivers in California and Massachusetts alleged they were wrongly classified as independent contractors rather than employees. Firm served as class counsel. Final approval granted January 13, 2022 — the largest gig-economy worker class settlement in U.S. history at the time.

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