Articles

California Attorneys For Your Needs

by Kristen White Blogger
Those Annoying Robocalls
When it comes to legislation and cases, you should know that:
 
In 1991, Congress passed the Telephone Consumer Protection Act (TCPA), which limited a company's ability to send pre-recorded messages to consumers.  
 
In 2012, the TCPA was greatly expanded to (i) require telemarketers to obtain prior written consent from consumers before making robocalls, (ii) ban telemarketers from bypassing this requirement through certain means and (iii) require telemarketers to afford consumers an automated "opt-out" mechanism on every such call.  
 
Demonstrating the effect of these laws, in October 2018, a major California debt collection company agreed to pay $9 million in damages to victims of robocall harassment.  
Indeed, in addition to the “do not call” registry, there currently exist many protections for consumers so that dinners and family time are not interrupted.  
Unfortunately, because so few people actually bring a Lawsuit For Unwanted Robocalls, they remain prevalent.  The best way to prosecute claims under these laws is through a class action lawsuit.

Class Action Lawsuits
The majority of lawsuits are brought by one person or entity against another, where only one party bears the burden of all the cost and stress of the work involved.  Class Action Attorneys In Los Angeles know that multiple persons with similar claims against similar defendants can benefit from bringing the suit as a "class."
 
By definition, a "class action lawsuit" is a legal claim in which a group of plaintiffs is represented by a single person or a few individuals that were all damaged in a similar way by similar persons or entities.
 
Rules for class action lawsuits require (a) that there are so many members that it is impracticable to try each case individually, (b) all plaintiffs in the class must be dealing with common questions of law and (c) the representative plaintiffs must assert claims typical of other members in the class.  
Most class action lawsuits are "opt-out" claims when a person does not have to do anything in order to join the class.  Instead, once certified, all potential class members will be notified by the lead plaintiffs about their inclusion in the lawsuit and why it is believed that you are a viable class member.  It is up to the person noticed to decide to opt-out, typically only done when a prospective class member believes he can do better, bringing the action on his own.  It is a good idea to discuss this with class attorneys in order to make sure you are making a sound decision.  
Advantages to class action suits include:  
a.There will be lower litigation costs, as they will be shared among class members;

b.People who are only entitled to small amounts of recovery would generally not bring a suit on their own.  But now, with lower litigation costs, they have the opportunity for recovery;

c.Class action suits are far more efficient than individual suits, as it will be decided by one judge in only one court.  This makes decisions consistent and takes less time;
 
d.Also, since there is only one decision by one judge (or a single settlement), both recoveries for each plaintiff and the amount to be paid by each defendant will be more consistent.
 
 
Disadvantages to class action lawsuits include:
a.Plaintiffs have a lack of control compared to what they would in an individual lawsuit.  Indeed, class representatives make important decisions, including when it is time to settle, causing other plaintiffs to have far less control.
 
b.The amount of recovery is likely to be less or even non-financial, as company defendants may offer coupons or rebates instead.  As a result, persons seeking a financial award may be disappointed.

c.You are stuck with the attorneys selected by the lead plaintiffs.  If they are ineffective, you may end up with a poor result that you had no control over.  And as a member of the class, you cannot bring another claim at a later date.   

There are many things to contemplate when it comes to a class action lawsuit or a lawsuit for unwanted robocalls.  Advice from an experienced attorney with multiple successful class action suits or robocall lawsuits is a good idea. 

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About Kristen White Committed   Blogger

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Joined APSense since, August 19th, 2016, From Chicago, United States.

Created on Feb 5th 2020 03:52. Viewed 185 times.

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