Telephone Consumer Protection Act (TCPA)

Representative Experience

• Represented the world's leading source of commercial information in TCPA class action involving auto-dialed calls to cell phones
• Represented a leading cloud-based software provider in TCPA class action involving targeted text messages to cell phones
• Represented merchant data security provider in TCPA class action involving alleged unsolicited fax advertisements
• Represented national physician staffing firm in two TCPA class actions pending in Missouri and Maryland related to the alleged sending of unsolicited faxes
• Represented one of the world's largest grocery retailers in TCPA suit alleging the company's prescription refill authorization system attempted to send unauthorized faxes
• Represented nationwide restaurant chain in TCPA class action involving franchisee's alleged fax marketing campaign
• Involved in the defense of TCPA unsolicited fax class action litigation since its outbreak in Illinois in March 2002. Clients range from large corporations such as SBC, Hotels.com LP, New Century Mortgage, Fuji Photo Film USA, Lucas Group, Thomasville Furniture Industries and Oceania Cruises, to small family-owned businesses in over 80 TCPA unsolicited fax ad class actions.
• Defended clients in TCPA class actions alleging violations by sending text messages and pre-recorded calls to cell phones. Achieved dismissal of TCPA prerecorded call class action by making settlement offer which mooted plaintiff's claim. See: Martin v. PPP, Inc. and Fidelity Communications Corp., No. 10 C 140, 2010 U.S. Dist. LEXIS 63192 (N.D. Ill. June 25, 2010). Obtained dismissal of TCPA text messaging class action by making settlement offer which mooted plaintiff's claim. See: Damasco v. Clearwire Corporation, No. 10 CV 3063, 2010 U.S. Dist. LEXIS 91151 (N.D. Ill. Sept. 2, 2010), affd. 662 F.3d 891 (7th Cir. 2011).