Author Archives: Jay Butchko
Eleventh Circuit Court Of Appeals Shreds TCPA Settlement Against GoDaddy
A recent review conducted by the 11th Circuit reversed a district court’s approval of a class-action settlement in consolidated cases brought under the Telephone Consumer Protection Act (TCPA). The case, Drazen v. GoDaddy LLC, involved three consolidated cases alleging that GoDaddy violated the TCPA by placing calls and texts using an Automatic Telephone Dialing… Read More »
New Lawsuit Seeks To Hold Twilio Responsible For Allegedly Illegal Robocalls
A new lawsuit filed against Twilio alleges that the company is turning a blind eye to illegal robocalls made by its users. The plaintiffs in the case are seeking to hold Twilio accountable for the conduct of users on its site. In the new complaint, the plaintiff, Michael Anthony, claims he received numerous robotext… Read More »
What Are Some Of The Worst Violations Of The Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act is a piece of federal legislation that prohibits debt collectors from being abusive, deceptive, or otherwise violating the law. Under the FDCPA, collectors are prohibited from threatening violence, using profane language, calling over and over, inflating the debt, or misrepresenting themselves as attorneys. They are further prohibited from… Read More »
Do Emails Made Outside Of Hours Of Service Violate FDCPA?
The Fair Debt Collection Practices Act prohibits debt collectors from taking certain actions or calling at certain times. However, the law was drafted in 1977, long before widespread email, text messages, and social media existed. Bill collectors are allowed to use these avenues to contact debtors. But other restrictions apply such as when the… Read More »
What Is A Deed In Lieu Of Foreclosure?
Foreclosure is the legal process by which the lender who owns your mortgage takes the property back. In other words, they kick you off the premises. This generally happens when you fall behind on your mortgage payments. A deed in lieu of foreclosure agreement can help you avoid the repercussions of foreclosure. In this… Read More »
What Happens If A Creditor Violates The Fair Credit Reporting Act?
Under the Fair Credit Reporting Act (FCRA), an individual has the right to fair and accurate reporting of credit information. You are also entitled to privacy rights concerning your credit information and protection from the misuse of your credit data. When a creditor, credit bureau, or other agency violates your rights under the FCRA,… Read More »
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 »