Defendant's Attorney: No appearance

Description: Rochester, New York consumer law lawyer represented the Plaintiff who sued the Defendant on a Restrictions of Use of Telephone Equipment Act violation theory.

"The Restrictions of Use of Telephone Equipment law, also known as the Telephone Consumer Protection Act (TCPA), is a federal law that regulates the use of telephone equipment to make telemarketing calls and send text messages. The TCPA was enacted in 1991 to protect consumers from unwanted and harassing telemarketing calls.

The TCPA prohibits telemarketers from calling consumers without their prior express consent. Telemarketers must also obtain prior express consent before sending text messages to consumers. The TCPA also prohibits telemarketers from using automated dialing systems to make calls to consumers.

The TCPA also contains a number of other provisions designed to protect consumers from unwanted telemarketing calls, such as:

A requirement that telemarketers identify themselves and the purpose of their call at the beginning of the call
A prohibition on telemarketing calls before 8:00 AM or after 9:00 PM local time
A requirement that telemarketers remove consumers from their call lists within 30 days of the consumer requesting to be removed

The TCPA is enforced by the Federal Communications Commission (FCC). Consumers who receive unwanted telemarketing calls can file a complaint with the FCC. Consumers may also be able to file a private lawsuit against telemarketers who violate the TCPA.

Here are some examples of violations of the TCPA:

Calling a consumer without their prior express consent
Sending a text message to a consumer without their prior express consent
Using an automated dialing system to make calls to consumers
Failing to identify themselves and the purpose of their call at the beginning of the call
Calling a consumer before 8:00 AM or after 9:00 PM local time
Failing to remove a consumer from their call list within 30 days of the consumer requesting to be removed

If you believe that you have been the victim of a TCPA violation, you should contact an experienced attorney to discuss your legal options.Act violation theory."

Google Bard

Outcome: ORDER of Dismissal. Signed by Hon. Frank P. Geraci, Jr. on 10/11/23. (JHF) (Entered: 10/11/2023)

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Defendant's Experts:

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