Date: 06-06-2025

Case Style:

Aidan Sanchez v. Checkers Drive-In Restaurants, Inc.

Case Number: 25-cv-60181

Judge: Melissa Damian

Court: United States District Court for the Southern District of Florida (Broward County)

Plaintiff's Attorney: Gerald Lane, Zan Hedaya, Farris Uddin

Defendant's Attorney: Lauren Burnette, John Marees

Description: Fort Lauderdale, Florida consumer law lawyers represented the Plaintiff on a Telephone Consumer Protection Act (TCPA) violation theory.

The Telephone Consumer Protection Act (TCPA) of 1991 is a federal law that restricts telemarketing calls, text messages, and faxes to protect consumers from intrusive communications. It regulates the use of automatic dialing systems, artificial or prerecorded voice messages, and SMS text messages.

Key Provisions of the TCPA:

Restrictions on Telemarketing Calls:
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The TCPA restricts unsolicited telemarketing calls to residential lines and calls/text messages to cell phones using automatic dialing systems, unless the caller has prior express consent.

Do Not Call Registry:
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The TCPA establishes a national "Do Not Call" registry where consumers can register their phone numbers to limit unwanted telemarketing calls.

Use of Automatic Dialing Systems:
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The TCPA limits the use of automatic telephone dialing systems (ATDS) for telemarketing calls, especially to cell phones, without prior express consent.

Artificial or Prerecorded Voice Messages:
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The TCPA restricts the use of artificial or prerecorded voice messages in telemarketing calls.
SMS Text Messages:
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The TCPA regulates SMS text messages, particularly when using an ATDS or for marketing purposes, and requires prior express written consent.

Fax Machines:
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The TCPA also regulates the use of fax machines for telemarketing purposes.

Enforcement and Penalties:

The Federal Communications Commission (FCC) is responsible for enforcing the TCPA and can impose penalties for violations.

The TCPA also allows individuals to file lawsuits against companies for TCPA violations.

Purpose of the TCPA:

The TCPA aims to protect consumers from unwanted and intrusive telemarketing practices.

It provides consumers with more control over who can contact them and how.

It also aims to facilitate interstate commerce by restricting certain uses of fax machines and automatic dialers.

See: https://www.fcc.gov/sites/default/files/tcpa-rules.pdf

Outcome: Settled for an undisclosed sum and dismissed.

The Telephone Consumer Protection Act (TCPA) provides for both statutory and actual damages for violations, with statutory damages ranging from $500 to $1,500 per call or text. Actual damages can encompass any financial losses or harm suffered due to the TCPA violation, and the court has discretion in determining the final amount.

See: https://www.fcc.gov/sites/default/files/tcpa-rules.pdf

Plaintiff's Experts:

Defendant's Experts:

Comments: