Law Firms Representing Camp Lejeune Clients Accused Of Violating TCPA
In case you haven’t heard, the residents of a military base in North Carolina filed a water contamination lawsuit against two water treatment plants after cancer-causing chemicals were found in the water in 1982. Since then, former residents have reported various health complications potentially related to their time at Camp Lejeune. It is not uncommon for law firms to solicit clients using various means. This includes advertising. However, plaintiffs attorneys for the class-action lawsuit have been accused of making illegal robocalls to reach out to potential clients. Now, the plaintiffs’ attorneys are being sued by individuals who say the attorneys illegally violated the Telephone Consumer Protection Act (TCPA).
Understanding the TCPA and federal law
The TCPA is a piece of federal legislation that was passed in 1991 to protect consumers from unwanted and unsolicited phone calls, text messages, and faxes. The legislation is at the center of the class-action lawsuit filed against the plaintiffs’ attorneys in the Camp Lejeune incident. The TCPA primarily addresses automatic telephone dialing systems and prerecorded voice messages. Today, it also covers the use of AI-generated voices. In 1992, Congress strengthened the TCPA by creating mandatory do-not-call lists. Agencies like the FCC and FTC have established a nationwide registry of prohibited numbers.
The FTC is responsible for monitoring both interstate and intrastate telemarketing campaigns and preventing consumers from being bombarded with unwanted calls. Companies that violate the TCPA can face steep penalties and the consumers they solicited are entitled to recover damages from companies that violate federal law. Each consumer is entitled to up to $1,500 in damages per unwanted telephone call or text.
TCPA plaintiffs in Camp Lejeune lawsuits propose class-action
At present, there are at least 20 TCPA lawsuits that have been filed against law firms representing plaintiffs in the Camp Lejeune case. These plaintiffs have requested the creation of a class action lawsuit. This could end up being a major problem for the law firms that are representing the plaintiffs in this matter.
Unlike MDL (multidistrict litigation), class-action lawsuits permit an individual or group of individuals to file a lawsuit on behalf of a legal class of plaintiffs who all suffered a common injury. Class-action lawsuits address several cases at the same time and avoid the procedural complication of filing each lawsuit individually. The lawsuits are essentially consolidated into one lawsuit filed on behalf of several parties.
One plaintiff in the Camp Lejeune TCPA class alleges that she was subject to a barrage of illegal phone calls from telemarketers working as third-party contractors of the defendant law firm. In this case, the plaintiff was listed on the federal do-not-call list when she received the phone calls in violation of the TCPA. She is entitled to recover $1,500 per illegal phone call she received.
Talk to a TCPA Violations Attorney Today
The Columbus TCPA claims attorneys at Kohl & Cook Law Firm, LLC represent the interests of plaintiffs who have received illegal phone calls or text messages from businesses in violation of the TCPA. Call our office today to schedule a free consultation and learn more about how we can recover money damages from companies that break the law.
Source:
reuters.com/legal/government/law-firms-vying-sign-up-camp-lejeune-clients-are-sued-themselves-2023-08-29/