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The Settlement resolves a lawsuit involving allegations that Total Merchant Services, Inc., Michael Alimento, and/or Brian Alimento made automated telemarketing calls and/or calls using an artificial or prerecorded voice on the Defendant’s behalf from July 5, 2013 through June 8, 2018 to cellular telephone lines using the Spitfire dialing system.
The most famous TCPA settlement occurred in August 2014, when Capital One (and three collection agencies) agreed to pay $75.5 million to end a class action suit that arose from the bank’s use of an autodialer to call consumers’ cell phones.
Deutsche Bank TCPA Settlement. If you received one or more automatic calls to your cell phone from Ocwen Loan Servicing, LLC (“Ocwen”) between December 28, 2012 and December 3, 2019, you may be entitled to a settlement. Submit a Claim
TCPA Settlements TCPA litigation is a real and growing risk for marketers. Check out these eye popping TCPA settlements.
SUBMIT A CLAIM: This is the only way to receive a payment from the Settlement. Class Members who submit a valid claim form by the deadline of December 23, 2019 will receive a cash payment and will give up certain rights to sue the Released Parties as described in FAQ 4 and FAQ 6.
The only way to get a payment under the settlement. EXCLUDE YOURSELF Get no payment under the settlement. This is the only option that allows you to be part of any other lawsuit against Defendant or its vendors about the legal claims in the case. OBJECT Write to the Court about why you don’t like the settlement.
Flagship TCPA Settlement – Class members in the case contend that Flagship Credit Acceptance called consumers with an auto-dialing system that violated the Telephone Consumer Protection Act. American Power & Gas Robocalls Class Action Settlement – Claim forms are due by 4/2/2019; Compass Bank Prerecorded Phone Calls Settlement – Kovach v.
A proposed settlement will provide a total of $5,500,000 (the “Settlement Fund”) to fully settle and release claims of all persons in the United States who received calls on their cell phone using an artificial or pre-recorded voice to play a Day 2 or Day 6 message, from October 16, 2013, through November 30, 2016.
The Telephone Consumer Protection Act of 1991 (TCPA) was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243. It amended the Communications Act of 1934. The TCPA is codified as 47 U.S.C. § 227. The TCPA restricts telephone solicitations (i.e., telemarketing) and the use of automated telephone equipment. The TCPA limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines. It also specifies several technical requirements for fax machines, autodialers, and voice messaging systems—principally with provisions requiring identification and contact information of the entity using the device to be contained in the message.
A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Such lawsuits have been made illegal in many jurisdictions on the grounds that they impede freedom of speech. In the typical SLAPP, the plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization's ability to operate. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. There is a difficulty in that plaintiffs do not present themselves to the court admitting that their intent is to censor, intimidate, or silence their critics.