Two TCPA Cases Protecting Consumer Rights

Two recent TCPA cases are continuing an encouraging trend of protecting consumer rights. In the first, a putative class action suit filed against Economic Strategy Group and Caribbean Cruise Line in late December 2012, the court sided squarely with the plaintiff in proceeding with the case. Economic Strategy Group used an automatic dialing machine technology to call people’s cells phones, ostensibly to conduct political polls; instead, they tried to sell people cruises.The court threw out Economic Strategy’s main arguments to dismiss (that only the person who placed the call is liable under the TCPA), and the case is going to trial. Another TCPA case, Lee v. Stonebridge Life Insurance Co, was also granted certification. People were sent lengthy spam texts by a third party, Trifecta (a marketing agency), working on behalf of Stonebridge; the Ninth Circuit says both parties are liable under the TCPA, and a class action suit can go forward.Another TCPA class action, Gragg v. Orange Cab Co., was spurred by a spam-text messaging campaign; the cab company sent out texts offering a free taxi booking app for smart phones. In this case, the judge decided the message sounded personal enough to not have started with an autodialer, and the suit was dismissed.The TCPA restricts telephone solicitations, the use of automated telephone equipment, and unsolicited advertisements. Specifically, the TCPA limits the use of automatic dialing systems, prerecorded voice messages, unsolicited text messages, and junk faxes. So, what should you do when you get a robocall or an unsolicited text message? Hang up the phone. Do not press 1 or any other numbers to get off the list. Then, contact Mike Agruss Law, for a free consultation. The Federal Trade Commission has stopped billions, yes billions, of robocalls in the last two years. Mike Agruss Law, will do the same for you. We will aggressively enforce the law to stop robocalls and unsolicited text message. Not only will we stop the calls and text messages, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text.