Minnillo Jenkins Co. LPA Newsletter

We are growing again! we have opened a new office in Ohio to better serve our clients. In addition, we continue to expand our services from bankruptcy, consumer law, labor and employment law, criminal defense, workers' compensation, and social security disability, to family law and domestic relations. Thank you for your attention and please contact us with any questions, concerns or feedback.

The Minnillo & Jenkins Team

A little known law with a big impact

The Telephone Consumer Protection Act

In July, a Texas court affirmed a $147,000 award to a debtor for 98 robodialer and/or prerecorded message calls to her cell phone for a debt she did not owe. In October 2010, a Florida court awarded $78,500 to the consumer for 157 calls when she had not given Chase Bank permission to call her cell phone.

These two cases are recent decisions under the Telephone Consumer Protection Act ("TCPA"). The TCPA is the primary law governing the conduct of telemarketing and restricts the following: the use of junk faxes, prerecorded telephone calls, and autodialers received by cell phones.

The cases also highlight the potential damages a debtor may receive for TCPA violations. The Act creates a private right of action for the greater of actual damages or $500.

If you believe you've found yourself in a situation similar to these debtors, contact Chris Jenkins at [email protected] for a free consultation.