Date: 10-16-2024

Case Style:

Thomas Roehrman v. Marketing Labs, LLC

Case Number: 1:24-CR-682

Judge: Sara Evans Barker

Court: United States District Court for the Southern District of Indiana (Marion County)

Plaintiff's Attorney:

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Defendant's Attorney: A. Paul Herringa

Description:

Indianapolis, Indiana Restrictions of Use of Telephone Equipment violation lawyer represented the Plaintiff.

The Telephone Consumer Protection Act (TCPA) of 1991 restricts the use of certain telephone equipment, including automatic dialing systems (ATDS) and artificial or prerecorded voice messages:

Prohibited uses
It's illegal to use ATDS or artificial or prerecorded voice messages to make calls, except for emergencies or with the recipient's express consent.
Telemarketer requirements
Telemarketers must get written consent from consumers before making calls with ATDS or artificial or prerecorded voice messages. They must also provide an opt-out mechanism so consumers can stop the call.
Penalties
Violating the TCPA can result in a civil forfeiture penalty, which is in addition to other penalties. The amount of the penalty depends on the type of violator. For non-FCC licensees or common carriers, the penalty is up to $20,489 per violation.
Definition of ATDS
ATDS is equipment that can store or produce phone numbers to dial, and can dial those numbers.

The TCPA was created to protect consumers from unsolicited telemarketing calls. The FCC has also established a national database of phone numbers for residential subscribers who don't want to receive telemarketing calls.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: