Monday, November 27, 2017

FleetOne Settles Class Action Lawsuit Over Unsolicited Faxes

Merchant services company FleetOne has agreed to pay $750,000 to settle a class action lawsuit over unsolicited faxes. Plaintiff Swinter Group Inc. alleged that FleetOne did not have the proper consent to send the faxes and that the faxes failed to include the required opt-out language. If your company does any type of fax marketing, be sure to always include the necessary opt-out language. Click here to read more about this settlement. Learn more about telemarketing rules here. There are a variety of rules to be aware of, including: Do-Not-Call rules, Robocall laws, autodialer rules, cell phone telemarketing rules, etc.

Seventh Circuit Issues Ruling that Ties Attorney's Fees to Amount Claimed by Class in TCPA Lawsuit


The Seventh Circuit Court of Appeals has issued a ruling that will bring an end to a TCPA case that's been going on for nearly a decade. In Holtzman v. Turza, Plaintiff Ira Holtzman filed a class action TCPA lawsuit after receiving unsolicited marketing faxes from Gregory P. Turza. The District Court ordered the defendants to pay $500 for each of the 8,430 class members, for a total of $4.2 million. After a few years of appeals and debate over how the attorney's fees should be calculated, the ruling this week has determined that $167 will be paid to the plaintiff's lawyers for every settlement check that is cashed.  A copy of the court's ruling is available here. Contact a TCPA lawyer here.

WebRecon 2017 Stats


WebRecon, a company that compiles data about lawsuits all across the country, has released some intriguing statistics about TCPA lawsuits this year. Surprisingly, total TCPA lawsuits during 2017 are not on pace to pass last year's total. This would be the first year since WebRecon started keeping statistics that there would be a decline. The cause for this decline is unknown at this point. Click here to view the numbers. If you are facing a TCPA lawsuit, contact a TCPA Attorney. Watch this short video about how to respond to a TCPA lawsuit.

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