Date: 08-04-2023

Case Style:

Dr. William P. Gress v. Clinic Masters, LLC

Case Number: 1:23-cv-01725

Judge: Thomas M. Durkin

Court: United States District Court for the Northern District of Illinois (Cook County)

Plaintiff's Attorney: Dan Edelman and Heather Kolbus

Defendant's Attorney: Bart Murphy

Description: Chicago, Illinois consumer law lawyers represented Plaintiff who sued Defendant on a Telephone Consumer Protection Act (TCPA) violation theory.

"The Telephone Consumer Protection Act (TCPA) is a federal law that was enacted in 1991 to protect consumers from unwanted telemarketing calls and faxes. The TCPA prohibits certain types of telemarketing calls and faxes, including:

Calls to wireless numbers: The TCPA prohibits telemarketing calls to wireless numbers, unless the consumer has given prior express consent to receive such calls.
Calls to numbers on the National Do Not Call Registry: The TCPA prohibits telemarketing calls to numbers that are listed on the National Do Not Call Registry.
Calls that are prerecorded or artificial voice messages: The TCPA prohibits telemarketing calls that are prerecorded or artificial voice messages.
Calls that are made to consumers who have previously requested that the caller stop calling: The TCPA prohibits telemarketing calls to consumers who have previously requested that the caller stop calling.

The TCPA also requires telemarketers to provide certain information to consumers, including:

The name of the caller.
The purpose of the call.
The caller's phone number.
A way for the consumer to opt out of future calls.

If you receive a telemarketing call or fax that violates the TCPA, you may be entitled to damages. The amount of damages that you may be entitled to depends on the specific violation.

You can file a complaint with the Federal Trade Commission (FTC) if you believe that you have been the victim of a TCPA violation. You can also file a lawsuit against the caller.

Here are some additional things to keep in mind about the TCPA:

The TCPA applies to both commercial and non-commercial calls.
The TCPA does not apply to calls that are made for emergency purposes, such as calls from a hospital or a doctor's office.
The TCPA does not apply to calls that are made by political campaigns.

The TCPA is a complex law, and it is important to know your rights if you receive a telemarketing call or fax. If you have any questions about the TCPA, you should speak to an attorney."

Google Bard

Outcome: 08/04/2023 15 STIPULATION of Dismissal (Kolbus, Heather) (Entered: 08/04/2023)
08/04/2023 16 MINUTE entry before the Honorable Thomas M. Durkin: A stipulation to dismiss has been filed. Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff's individual claims are dismissed with prejudice and without costs. The claims of the putative class are dismissed without prejudice and without costs. Plaintiff's claims against John Does 1-10 are dismissed without prejudice and without costs. All pending dates before this court are stricken. Civil case terminated. Mailed notice. (ecw, ) (Entered: 08/04/2023)

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Defendant's Experts:

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