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Aug 15

Consumers Fighting Back Against Unwanted Cell Phone Calls

Daily Journal

Brian Kabateck was quoted in a Daily Journal article about a wave of new lawsuits involving unwanted promotional texts and phone calls. Plaintiffs are suing a wide range of corporations for violating the Telephone Consumer Protection Act or TCPA. The law was enacted to stem the volume of calls peoplereceived on their home phones and to prevent junk spam faxes. Recently TCPA extended to text messages, which has increased the number of lawsuits. Defense attorneys argue the FCC needs to provide more clarity after stating back in October 2013 that written consent is needed to contact individuals. Brian Kabateck attributes the success of these lawsuits to the pervasiveness of the practice. “The statute itself is a perfect recipe for a plaintiff class action lawyer,” Kabateck said. “It has something people actually care about, even judges don’t like these calls. They’re bothersome, troubling and they invade your privacy,” he said.