I'm looking for lead plaintiffs for class action lawsuits.
Federal law called the Telephone Consumer Protection Act of 1991 (TCPA) was enacted to prohibit junk faxes. A fax is an "unsolicited advertisement" under the TCPA if it is a "material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission, in writing or otherwise." If you own a small business and have a fax machine, you likely get bombarded by junk faxes.
The TCPA authorizes the recipient of a fax that violates the TCPA to file suit in "to receive $500 in damages for each such violation." If the sender "willfully or knowingly violated" the relevant portions of the TCPA, the court may award three times the $500 amount, i.e., $1,500. I have filed 100+ class actions recently to hold the junk faxers accountable.
Permissible fax advertisements must provide notice and contact information on the fax that allow recipients to "opt-out" of future faxes. The notice must:
*be clear and conspicuous and on the first page of the advertisement
*state that the recipient may make a request to the sender not to send any future faxes and that failure to comply with the request within 30 days is unlawful
*include a telephone number, fax number, and cost-free mechanism (including a toll-free telephone number, local number for local recipients, toll-free fax number, website address or email address) to opt-out of faxes, which must be available 24 hours a day, seven days a week.
Senders of unsolicited faxed advertisements must honor requests not to send further faxes within 30 days. They are also prohibited from sending future fax advertisements unless the recipient subsequently provides prior express permission.
If you have received a junk fax at home or work, I would review the document free of charge to decide if its worth pursuing. The statute of limitations goes for a 4-year period, so old faxes interest me as well, especially if you subscribe to an eFax service and can retrieve old faxes.
I'm also interested in hearing from you if you frequently receive prerecorded messages on your cell phone from a business you do not know or from a debt collector.
In class actions, courts may award incentive fees to lead plaintiffs. There is no guaranty of any incentive fee, and the amount may vary depending on the facts of the case, but I have had lead plaintiffs receive $3000 to $12,000.
Peer rated as "AV Preeminent" on Martindale-Hubbell.
Ronald J. Eisenberg, Esq.
Schultz & Associates LLP
640 Cepi Drive, Suite A
Chesterfield, MO 63005 show contact info
The choice of a lawyer is an important decision and should not be based solely upon advertisements.
do NOT contact me with unsolicited services or offers