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Victims of robocalls can fight back

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Attorney Todd Friedman obtains class certification on robocall case.

Almost everyone receives automated marketing calls at one time or another. In addition to being universally annoying, they are also frequently illegal. However, what most people don’t realize is that victims of robocalls can fight back.

Fighting back is exactly what California lawyer Todd M. Friedman does regularly for his clients. In a recent development, Todd Friedman obtained class certification for a group of people who were repeatedly called without their consent in violation of the Telephone Consumer Protection Act (TCPA).

What Happened?

According to the complaint, Royal Seas Cruises Inc., used data from a lead generation company to contact the plaintiffs. Apparently, the lead generation company obtained the plaintiffs’ information illegally, without them filling out any contact form or granting any consent for the use and distribution of their information.

What is the TCPA?

The Telephone Consumer Protection Act protects consumers against unconsented telephone solicitation and automated marketing calls.

What is Class Certification?

Class certification is the approval by the court to bring a class action claim. A class action claim is when the plaintiff is a group of people who have suffered similar harm from the defendant. There are nuances, but simply put, they consolidate their claims into one claim against the defendant.

For instances like the Royal Seas case, where many plaintiffs suffered harm from the same actions, it makes sense to combine those cases into one case.

How Can I Fight Back?

If you have been harassed by robocalls, you can fight back. Record all instances of robocalls that you receive and capture all the information you can. Then talk with a lawyer to discuss your rights and options.

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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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