Unsolicited Phone Calls and Messages Continued in 2014

Unsolicited Phone Call Lawsuits

In an effort to curb unscrupulous solicitors and telemarketers, the federal government passed the Telephone Consumer Protection Act ("TCPA") in 1991. The TCPA allows a member of the public to file a lawsuit and collect damages for receiving unsolicited phone calls, faxes, text messages, pre-recorded calls or autodialed calls. The TCPA imposes severe monetary penalties on companies if they violate the provisions of the Act. Courts will award a minimum of $1500 for every intentional violation and $500 for every unintentional violation.... Read More

Unauthorized Calls to Cell Phones Basis for TCPA Lawsuit Against Rite Aid

Audet & Partners, LLP reports that a New York consumer has launched a class action lawsuit in the U.S. District Court for the Southern District of New York against Rite Aid Corp. alleging violations of the Telephone Consumer Protection Act ("TCPA").  In the lawsuit seeking class action certification, lead plaintiff Robert Zani has alleged that Rite Aid placed pre-recorded, unauthorized calls to the cell phones a nationwide class of consumers seeking to market its products and services including flu shots. Under the... Read More

TCPA Lawsuit Costs Wells Fargo $14.5 Million

Audet & Partners, LLP reports that Wells Fargo NA has agreed to pay $14.5 million to settle class action claims that the bank illegally called customers on their cell phones in the process of debt collection.  Lead plaintiff Lillian Franklin had brought the lawsuit against Wells Fargo in August 2014 alleging violations of the Telephone Consumer Protection Act ("TCPA"). The lawsuit, filed in the U.S. District Court for the Southern District of California claimed that Wells Fargo had repeatedly dialed the... Read More

Text Spam Lawsuit Against Yahoo! Moves Forward

Spam Text Lawsuits

Yahoo, Inc.’s attempt to halt a text spam lawsuit failed after the U.S. District Court for the Southern District of California at San Diego denied the company’s motion for summary judgment.  The Court also held that, absent prior consent, even a single “confirmatory” text message using an autodialer could constitute a violation under the Telephone Consumer Protection Act. Yahoo! was sued by Rafael Sherman for sending him an text message alleged to be in violation of the Telephone Consumer Protection Act... Read More

Court Denies J.C. Penney Co. Motion to Dismiss TCPA Suit

A proposed class action lawsuit against J.C. Penny Co. Inc. over spam text messages will continue after a California federal judge rejected J.C. Penny’s attempt to use an offer of judgment to moot the lawsuit. Plaintiff Tracy Maier sued J.C. Penny Co. in January 2013 for violations of the Telephone Consumer Protection Act (TCPA).  Maier had received unsolicited text messages from the retailer after signing up for J.C. Penney’s online rewards program and providing her cellphone number in the process.  The... Read More

New Telephone Consumer Protection Act Coming October 2013


The victims of advertising robocalls have won several recent class-action victories against companies such as Steve Madden Shoes, Coca Cola and Papa John's.* Many of the class actions brought against those making robocalls are brought under the Telephone Consumer Protection Act (TCPA), a federal law that makes it illegal for companies to contact customers without their prior consent. New updates to the TCPA will take effect on October 16, 2013.* One recent update that will take effect in October will be... Read More

Spam Text Lawsuits


Spam Text Lawsuits   Audet & Partners, LLP has been on the forefront of the issue of not only privacy protection, but abuse by corporations of new technologies, including abusive and costly spam texting.  Spam texting is not just an annoyance, but is in many cases, illegal and in violation of federal and state law.  At Audet & Partners, LLP, we investigate claims relating to spam texting to determine whether these laws have been violated and what can be done to not... Read More