Defendant's Attorney: Douglas Farr

Description: Salt Lake City, Utah consumer law lawyer represented the Plaintiff who sued the Defendants on a Telephone Consumer Protection Act violation theory.
The Telephone Consumer Protection Act (TCPA) is a federal law enacted in the United States in 1991 to protect consumers from unwanted telemarketing calls, faxes, and text messages. The TCPA has been amended several times over the years to keep pace with evolving technologies and consumer concerns.

Key Provisions of the TCPA:

Prohibition on robocalls: The TCPA prohibits making robocalls to consumers without their prior express written consent. This applies to calls made to residential and cellular phone numbers.
Prohibition on automated text messages: The TCPA prohibits sending automated text messages to consumers without their prior express written consent.
Do-Not-Call Registry: The TCPA establishes a national Do-Not-Call Registry, where consumers can register their phone numbers to opt out of receiving telemarketing calls. Telemarketers are required to consult the Do-Not-Call Registry before making telemarketing calls.
Call abandonment restrictions: The TCPA prohibits telemarketers from abandoning calls without speaking to a live person.
Restrictions on time of calls: The TCPA restricts the time of day when telemarketers can make calls to residential phone numbers.
Exemptions: There are some exemptions to the TCPA, such as for calls made by charities, political organizations, and certain businesses.

Enforcement of the TCPA:

The TCPA is enforced by the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC). Consumers can file complaints with the FCC or the FTC if they believe they have been violated by the TCPA.

Recent Developments:

The FCC has been actively enforcing the TCPA in recent years and has issued billions of dollars in fines to companies that have violated the law. In 2021, the FCC issued a declaratory ruling that clarified the definition of an "autodialer" under the TCPA, expanding the scope of the law to cover more types of calls.

Impact of the TCPA:

The TCPA has had a significant impact on the telemarketing industry, reducing the number of unwanted calls received by consumers. However, the TCPA has also been criticized by some for being too broad and for creating a burden on legitimate businesses.

Additional Resources:

Federal Communications Commission (FCC):https://www.fcc.gov/tags/telephone-consumer-protection-act-tcpa
Federal Trade Commission (FTC):https://www.ftc.gov/
National Consumer Law Center:https://www.nclc.org/

Outcome: 12/08/2023 50 NOTICE of Voluntary Dismissal filed by Plaintiff Stephanie Brown (Paronich, Anthony) (Entered: 12/08/2023)
12/08/2023 Civil Case Terminated Pursuant to 50 Notice of Voluntary Dismissal. This action is CLOSED. Magistrate Judge Daphne A. Oberg no longer assigned to case. (eat) (Entered: 12/08/2023)

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Defendant's Experts:

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