Author Archives: Jay Butchko
JK Buick GMC Settles TCPA Lawsuit For $130,000
Consumers are now eligible to receive payments from a $130,000 class action lawsuit settlement from JK Buick if they received unsolicited telemarketing texts from the car dealership. The settlement benefits those individuals who received marketing text messages from JK Buick after requesting not to receive them. Plaintiffs in the class action lawsuit allege that… Read More »
Dollar General Accused Of Overcharging Customers According To Recent Class Action Lawsuit
The discount retail chain, Dollar General, has recently been hit with a class action lawsuit alleging that they overcharge customers and that the prices they charge are advertised to be much lower than they actually are. In other words, they’re accused of scamming customers at the register. According to the allegations, Dollar General frequently… Read More »
FCC Targets Real Estate Agents For Violations Of The TCPA
The FCC is ramping up enforcement of the TCPA (Telephone Consumer Protection Act) and the Do Not Call Registry. The TCPA protects consumers from unsolicited phone calls made by businesses for the purposes of recruiting customers. Some real estate professionals are being accused of unlawfully violating provisions of the TCPA by making phone calls… Read More »
Court Grants Summary Judgment In Favor Of Defendant Under The “Safe Harbor” Provision Of The TCPA
In a decision regarding the “safe harbor” provision of the TCPA, the court granted a summary dismissal to the defendant, Efinancial LLC, for alleged violations of the TCPA and the Do Not Call List. In this case, the plaintiff Johansen alleged that the defendant contacted him without his express consent at a number that… Read More »
Ohio AG Files Consumer Fraud Lawsuit Against Area Home Improvement Companies
Ohio Attorney General David Yost has announced six lawsuits against Ohio home improvement companies that he says ripped off customers. All six of the lawsuits allege that the businesses violated provisions of the Ohio Consumer Sales Practices Act (CSPA). The CSPA protects Ohio consumers from unlawful business practices. This legislation ensures that businesses perform… Read More »
Law Firms Representing Camp Lejeune Clients Accused Of Violating TCPA
In case you haven’t heard, the residents of a military base in North Carolina filed a water contamination lawsuit against two water treatment plants after cancer-causing chemicals were found in the water in 1982. Since then, former residents have reported various health complications potentially related to their time at Camp Lejeune. It is not… Read More »
9th Circuit Upholds Dismissal Of Class-Action TCPA Lawsuit Over The Definition Of “Voice”
In the case of Trim v. Reward Zone USA, the plaintiff, Lucine Trim received several unsolicited text messages from the defendant Reward Zone USA. She filed a putative class-action lawsuit brought under the Telephone Consumer Protection Act (TCPA). According to Trim, Reward Zone USA violated the TCPA because she received at least three mass… Read More »
Leadsmarket Faces TCPA Class-Action Lawsuit
Leadsmarket, which describes itself as “the leading marketplace for consumer loans leads”, is facing a TCPA class-action lawsuit. TCPA Lawsuits against lead gen marketplaces have traditionally been fairly rare. However, a recent case that pitted plaintiffs against QuoteWizard resulted in QuoteWizard being held liable for sending unsolicited text messages under the TCPA. Plaintiffs have… Read More »
Ohio Used Car Dealership Sued By AG For Failure To Deliver Titles To Customers
A used car dealership in Akron, Ohio allegedly violated state consumer protection laws when it failed to deliver the vehicle titles to dozens of car buyers, according to a new lawsuit filed by Ohio Attorney General Dave Yost. According to the lawsuit, Yost’s office received 114 complaints concerning the failure to deliver the titles… Read More »
Plaintiff Sues Facebook For Unwanted Text Messages In Facebook Inc. V. Duguid
The Telephone Consumer Protection Act of 1991 is a piece of legislation that protects consumers from unwanted, harassing, or abusive telephone communications. Decisions in the past have held that text messages qualify under the TCPA and plaintiffs who received unwanted text messages can file lawsuits. However, there are very specific provisions under the TCPA… Read More »