Author Archives: Jay Butchko
FCC Issues Guidelines For Illegal Robocalls
The TCPA (Telephone Consumer Protection Act) is a robust piece of legislation that holds businesses accountable for illegal robocalls. Robocalls are made with an auto-dialer or contain a message made with a prerecorded or artificial voice. Advances in AI technology have made it more difficult to discern artificial voices from human ones, but any… Read More »
Recent Court Decisions Offer Insight Into U.S. Copyright Law
A recent spate of copyright infringement lawsuits has provided further insight into U.S. copyright law. When and how, for instance, is a tattoo design copyrightable? Can a tattoo artist sue a videogame if his designs appear in the videogame? These are questions that an Ohio federal judge was required to answer in 2024 when… Read More »
Monster Energy Drink Files Trademark Infringement Lawsuit Against Local Restaurant
Monster Energy Company recently filed a lawsuit against a local Ohio restaurant for trademark infringement. The suit was filed March 9, 2023 in the United States District Court for the Northern District of Ohio. According to Monster Energy, The Monster Shawarma, a restaurant located in Toledo, “has sold and is offering for sale goods… Read More »
New Federal Law Informs Consumers About High-Volume Sellers In Major Online Marketplaces
Congress recently passed a new federal law that took effect in June 2023. The law requires major online marketplaces such as Amazon and eBay to provide consumers with more information about some of their most active sellers. The INFORM Consumers Act (which stands for Integrity, Notification, and Fairness in Online Retail Marketplaces) requires sites… Read More »
What Constitutes An “Unconscionable” Business Practice Under The CSPA?
The CSPA (The Ohio Consumer Sales Protection Act) is a piece of legislation that defines whether or not certain business practices are legal, what sorts of claims businesses can make in their advertisements, and outlines the legal remedies available to consumers when the provisions of this law are violated by Ohio businesses. It is… Read More »
How Does The State Attorney General Aid In Consumer Protection Laws?
The Office of the State Attorney General has a Consumer Protection Section that investigates and occasionally prosecutes crimes committed by businesses against consumers. The Office is broken up into four divisions: Economic crimes, charities, antitrust crimes, and elder justice. Their mission is to enforce laws that prohibit unfair and deceptive business practices. These include… Read More »
Allstate Sued For Violations Of The TCPA
In a recent lawsuit, Hossfeld v. Allstate, 2024 WL 1328651 filed in the Northern District of Illinois, the court entered a summary judgment against Allstate in a lawsuit in which the plaintiff claimed the insurance company violated the TCPA. The Telephone Consumer Protection Act is a piece of legislation that regulates the way in… Read More »
Have You Contracted to Build a Home with Diyanni Homes? You May be Entitled to Compensation for Delays
The Kohl & Cook Law Firm, LLC recently submitted a case to an arbitrator related to a home-building project. The defendant respondent, Diyanni Homes, was contracted to build a home in October 2021. The project wasn’t completed until October 2023, two years after the claimants signed their contract. In the process, Diyanni Homes breached… Read More »
I’m Being Asked To Pay A Debt That Isn’t Mine. What Should I Do?
According to the Consumer Financial Protection Bureau, 44% of all complaints regarding debts are for debts that the complaining party doesn’t even owe. These could be debts that you have already paid off or debts owed by another party. You do have certain rights as a consumer to stop creditor harassment, dispute the debt,… Read More »
Supreme Court Set To Rule On Consumer Financial Protection Bureau Funding
The Consumer Financial Protection Bureau (CFPB) is a federal agency that protects consumers from unfair, deceptive, and abusive business practices. They file lawsuits against businesses that break the law as well as performing outreach for consumers to ensure that they are kept abreast of all the latest scams. In October 2023, the U.S. Supreme… Read More »