We will investigate any case that may be a viable class action in state or federal court. We have worked with referring and local attorneys in jurisdictions across the United States. We offer competitive referral fees that are consistent with the applicable rules of professional conduct.
Below are examples of the claims that we litigate most often. If you are an attorney and have any questions about whether your client, or potential client, may have class claims, please call us or email us.
Consumer Fraud and Deceptive Business Practices
Consumers pay the price when companies use fraud and deceptive conduct to sell their products or services. A company’s use of fraud or deceit to unfairly and unjustly make money is not a new phenomenon. Fortunately for consumers, there are remedies under various federal and state consumer protection laws to hold companies accountable and that force companies to compensate injured consumers.
We have filed claims against various entities under breach of warranty theories, common law fraud, fraudulent misrepresentations, fraudulent concealment, various state consumer protection laws, breach of contract theories, and unjust enrichment.
Telephone Consumer Protection Act
In 1991, Congress passed the federal Telephone Consumer Protection Act (“TCPA”) to stop automated telephone calls and unsolicited junk faxing. For nearly 20 years, we have been fighting on behalf of small businesses–manufacturers, pharmacies, veterinarians and medical hospitals, chiropractic clinics, and other medical offices–to stop unsolicited advertising faxes and to recover money for the people targeted with them.
When presenting the TCPA during the 102nd Congress on July 11, 1991, Senator Hollings made clear the nuisance and cost shifting present when companies bombard consumers with unsolicited calls and faxes. Senator Hollings stated, “The telephone is a basic necessity of life. You cannot get along in this country if you do not have a telephone in your home. However, owning a telephone does not give the world the right and privilege to assault the consumer with machine-generated telephone calls. These calls are a nuisance and an invasion of our privacy.” Furthermore, Senator Hollings stated, “The bill also prohibits unsolicited advertisements sent to fax machines, known as junk fax … these unsolicited advertisements prevent the owners from using their own fax machines for business purposes. Even worse, these transmissions force the recipient to pay for the cost of paper used to receive them. These junk fax advertisements can be a severe impediment to carrying out legitimate business practices and ought to be abolished.” See 137 Cong. Rec. S9840-02, 1991 WL 126847 at *97.
Whether the unwanted call is an unsolicited fax advertisement, an artificial voice or recorded call to a cell phone, or a telemarketing call to a personal residence or cell phone in violation of the Do Not Call rules, a victorious TCPA claim will be awarded $500 per violation and the court may treble those damages to $1,500 per violation if the conduct was knowing or willful.