Date: 08-29-2023

Case Style:

Evan Cragun v. Boomsourcing, et al.

Case Number: 2:22-cv-00685

Judge: Bruce S. Jenkins

Court: United States District Court for the District of Utah (Salt Lake County)

Plaintiff's Attorney: Tom Alvord

Defendant's Attorney: Paul Heering and Cody DeCamp

Description: Salt Lake City, Utah consumer law lawyer represented Plaintiff who sued Defendants on a Telephone Consumer Protection Act (TCPA) violation relating to Restrictions of Use of Telephone Equipment.

Boomsourcing helps companies increase revenue by growing their customer base, managing customer care, and providing back office support.

The Telephone Consumer Protection Act (TCPA) is a federal law that was enacted in 1991 to protect consumers from unwanted telemarketing calls and faxes. The TCPA prohibits certain types of calls and faxes, and it also requires callers to identify themselves and their business.

The TCPA applies to all calls and faxes made to residential telephone numbers. It also applies to calls and faxes made to business telephone numbers, but there are some exceptions for businesses that have given their consent to receive calls or faxes.

Here are some of the restrictions that the TCPA places on telemarketing calls and faxes:

Callers must identify themselves and their business.
Calls cannot be made before 8:00 AM or after 9:00 PM.
Calls cannot be made to wireless numbers.
Calls cannot be made to numbers that have been placed on the National Do Not Call Registry.
Calls cannot be made using an automatic telephone dialing system (ATDS) or a prerecorded voice message (PVM).
Faxes cannot be sent to numbers that have been placed on the National Do Not Call Registry.

If you receive a telemarketing call or fax that violates the TCPA, you can take several steps to protect yourself:

Hang up the phone.
Do not provide any personal information.
Tell the caller that you do not want to receive calls or faxes from them.
File a complaint with the Federal Communications Commission (FCC).

The FCC can impose fines of up to $500 per violation of the TCPA. If you have been the victim of a TCPA violation, you may also be able to sue the caller for damages.

Here are some additional things to keep in mind about the TCPA:

The TCPA is a complex law. If you have any questions about your rights under the TCPA, you should consult with an attorney.
There are some exceptions to the TCPA's restrictions. For example, the law allows for calls and faxes that are made with the consent of the recipient.
The TCPA is enforced by the FCC. You can file a complaint with the FCC online or by calling 1-888-225-5322.

Outcome: 08/29/2023 43 NOTICE of Voluntary Dismissal filed by Plaintiff Evan Cragun (Alvord, Thomas) (Entered: 08/29/2023)
08/29/2023 Civil Case Terminated. AS per Notice of Voluntary Dismissal no. 43. (kpf) (Entered: 08/29/2023)

Plaintiff's Experts:

Defendant's Experts:

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