TCPA (Telephone Consumer Protection Act)

Best Websites to Learn About Consumer Law Issues — Our DuPage and Cook County, and Chicago Consumer Lawyers Can Assist You in Junk Fax, Privacy Rights, TCPA and Other Consumer Rights Lawsuits

February 15, 2009 | Peter S. Lubin, Patrick Austermuehle and James V. DiTommaso

One of the best websites to learn about junk fax law issues and the Telephone Consumer Protection Act (“TCPA”) and to find lawyers in your region who focus on junk fax lawsuits is the website of TCPALaw.com.

The website contains comprehensive information about the TCPA and junk fax case law and lawsuits. There is no better place on the internet to learn about the TCPA and junk fax issues.

Our firm has actively pursued junk fax class action and individual cases for a number of years. We have sucessfully prosecuted and settled junk fax class-actions resulting in subtantial settlements for the victims who have had the opportunity to collect much of their statutory damages through a claims process. We are currently prosecuting and investigating class actions in Chicago, Maryland and throughout the country involving violations of statutory privacy rights involving other federal statutes such as the Fair Credit Reporting Act (“FCRA”).

Best Websites to Learn About Consumer Law Issues — Our DuPage and Cook County, and Chicago Consumer Lawyers Can Assist You in Your Lemon Law, Auto and RV Fraud, Unfair Debt Collection, Unfair Wage Practices Claims and Other Consumer Rights Lawsuits

February 1, 2009 | Peter S. Lubin, Patrick Austermuehle and James V. DiTommaso

One of the best websites to learn about consumer law issues and to find lawyers who focus on consumer rights issues is the website of the National Association of Consumer Advocates.

The website contains numerous links to sections on Auto Fraud, Lemon Law, Predatory Lending Practices, Credit Reporting Problems and Debt Collection Abuse.

Class action lawsuits our firm has been involved in or spear-headed have led to substantial awards totalling over a million dollars to organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. Lubin Austermuehle is proud of our achievements in assisting national and local consumer rights organizations obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to consumer fraud and consumer rip-offs, and in the right case filing consumer protection lawsuits and class-actions you too can help ensure that other consumers’ rights are protected from corporate misdeeds.

Best Websites to Learn About Consumer Law Issues — Our Chicago Consumer Attorneys Can Assist You in Your Internet Fraud, Lemon Law, Auto and RV Fraud, Unfair Debt Collection, Unfair Wage Practices Claims and Other Consumer Rights Lawsuits

January 5, 2009 | Peter S. Lubin, Patrick Austermuehle and James V. DiTommaso

The National Consumers League’s Fraud Center is one of the best informational websites on the internet to learn about consumer rights and protection issues. Informed consumers are best armed to protect themselves from consumer scams and consumer frauds. The website contains sections for Telemarketing Fraud, Internet Fraud, Scams Against Businesses, Scams Against Elderly, Counterfeit Drugs, and a Fraud News section.

Lubin Austermuehle is a private consumer rights law firm who associates with other law firms around the country that can help you recover funds lost due to fraud against brick and mortar companies in the United States with assets. All too often with many internet and telemarketing frauds this may not be possible as the scam artists may be overseas, hard to locate or without assets.

Class action lawsuits our firm has been involved in or spear-headed have led to substantial awards totalling over a million dollars to organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. Lubin Austermuehle is proud of our achievements in assisting national and local consumer rights organizations obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to consumer fraud and consumer rip-offs, and in the right case filing consumer protection lawsuits and class-actions you too can help ensure that other consumers’ rights are protected from corporate misdeeds.

FTC Website Provides Useful Tips for Recognizing Telephone and Telemarketing Fraud — Our Chicago Area Consumer Lawyers and Telemarketing Fraud Attorneys Can File Private Lawsuits if You are the Victim of Telephone or Telemarketing Fraud

January 4, 2009 | Peter S. Lubin, Patrick Austermuehle and James V. DiTommaso

The Federal Trade Commission (“FTC”) website provides useful information regarding recognizing telephone and telemarketing frauds.

The website states:

Who’s Calling? Recognize & Report Phone Fraud

Best Websites to Learn About Consumer Law Issues — Our Chicago Consumer Attorneys Can Assist You in Your Lemon Law, Predatory Lending, Auto and RV Fraud, Unfair Debt Collection, Unfair Wage Practices Claims and Other Consumer Rights Lawsuits

January 4, 2009 | Peter S. Lubin, Patrick Austermuehle and James V. DiTommaso

One of the best websites to obtain information about consumer law topics and purchase consumer and lawyer oriented publications and books about consumer rights issues is the website of the National Consumer Law Center.

A particularly well done book offered by the National Consumer Law Center is called Surviving Debt. It is a “how to” book that consumers can use to learn about their rights regarding matters such as unfair debt collection practices. The National Consumer Law Center provides a detailed description of the book.

The National Consumer Law Center describes Surviving Debt as follows:

Court of Appeal Allows Retroactive Rule Change in Junk Fax Insurance Case

July 14, 2008 | Peter S. Lubin, Patrick Austermuehle and James V. DiTommaso

Over at the Illinois Appellate Lawyer Blog, our colleague Steven R. Merican recently called our attention to an appeals court decision related to insurance coverage for “junk fax” class actions — an important practice for our firm. Eclipse Manufacturing v. United States Compliance, Nos. 2-06-0825, 2-06-0889 (11/30/07).

In the underlying case, Eclipse Manufacturing Co. filed a class-action lawsuit against United States Compliance for sending Eclipse unsolicited “blast faxes” in violation of the federal Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Practices Act. Compliance’s insurer, Hartford Casualty Insurance Co., declined to cover the defense. Compliance later settled with Eclipse by simply assigning its right to the full limits of its coverage under the policy. In order to collect this settlement, Eclipse then filed a third-party citation against Hartford.

In part because Hartford hadn’t sought a declaratory judgment on its obligation to defend Compliance, estopping it from raising policy defenses, the trial court sided with Eclipse. Hartford later filed for declaratory judgment in Minnesota, where Compliance is based, but its claim was dismissed for lack of jurisdiction. Hartford appealed, arguing that it was not estopped because the trial court should have applied Minnesota law, which it argued conflicts with Illinois law on estoppel. Furthermore, Hartford argued, its policy doesn’t cover the underlying lawsuit under either state’s law. The Illinois Second District Court of Appeal affirmed the trial court, saying there was no conflict in outcomes between Illinois and Minnesota laws of estoppel. Thus, Hartford was estopped from raising policy arguments — making them irrelevant.

Midwest Insurers Have Duty to Defend in Junk Fax Class-Action Suits

May 25, 2008 | Peter S. Lubin, Patrick Austermuehle and James V. DiTommaso

The Illinois Supreme Court handed a victory to plaintiffs throughout Illinois with its 2006 ruling in an insurance dispute over whether insurers must cover the costs of a junk fax class action lawsuit for an insured covered for an “advertising injury.” In Valley Forge Insurance Co. v. Swiderski Electronics, Inc., 2006 Ill. LEXIS 1655, the state Supreme Court ruled that business insurers have a duty to defend “junk fax” class action lawsuits.

The underlying dispute in the Illinois Supreme Court case started when private investigator Ernie Rizzo filed a proposed class action lawsuit against Swiderski Electronics for sending him “junk faxes.” Unsolicited advertisements sent via fax violate both the federal Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Business Practices Act. Swiderski had an insurance policy from Valley Forge Insurance Company, which insured Swiderski against a personal or advertising injury that arises out of “Oral or written publication, in any manner, of material that violates a person’s right of privacy[.]” The insurer claimed that because the faxes had not revealed Rizzo’s own personal information, they did not invade his privacy and thus were not covered. They also claimed that sending information via fax does not constitute publication.

The insurer asked a trial court for a declaratory judgment stating it was not obligated to cover Swiderski; all parties filed cross-motions seeking summary judgment. The trial court ruled in favor of Swiderski, as did the appellate court and, eventually, the Illinois Supreme Court. That court rejected Valley Forge’s arguments, rejecting the claim that faxing is not “publication,” using the plain meaning of the word. It also ruled that privacy under the federal TCPA and caselaw includes the right to be left alone: