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Craig Kimmel v. iHeartmedia, Inc.
Date: 10-03-2025
Case Number: 25-CV-420
Judge: Fred Biery
Court: United States District Court for the Western District of Texas (Bexar County)
Plaintiff's Attorney:
Click Here For The Best San Antonio Consumer Law Lawyer Directory
Defendant's Attorney:
Click Here For The Best San Antonio Commercial Litigation Lawyer Directory
Description:
San Antonio, Texas, consumer law lawyers represented the Plaintiff who sued on a Restrictions of Use of Telephone Equipment violation theory.
The "Restrictions of Use of Telephone Equipment act" likely refers to the Telephone Consumer Protection Act (TCPA), a U.S. federal law that restricts the use of automated dialing systems, prerecorded voice messages, artificial voices, and text messages for telemarketing and other purposes. It requires prior express written consent for telemarketing calls to cell phones and restricts calls to cell numbers and mobile devices using automatic dialing systems. The TCPA also prohibits unsolicited fax transmissions and restricts making calls to residents listed on the National Do Not Call Registry.
Key Restrictions Under the TCPA
Consent for Calls to Cell Phones:
You must get "prior express written consent" from consumers before making telemarketing calls or sending text messages using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice to their mobile phones.
National Do Not Call Registry:
It is illegal to call people whose numbers are on the National Do Not Call Registry.
Hours of Operation:
You cannot call residences before 8 a.m. or after 9 p.m. in the called person's time zone.
Artificial or Prerecorded Voice Calls:
Restrictions apply to calls using artificial or prerecorded voices, particularly for telemarketing, but there are exemptions, such as for established business relationships.
Fax Transmissions:
The TCPA also restricts unsolicited fax transmissions (junk faxes).
Caller Identification:
Causing misleading or inaccurate caller ID information to be transmitted is prohibited.
Why the TCPA was Enacted
To address the growing number of telephone marketing calls and to protect consumers from unwanted solicitation and the intrusive use of automated technologies.
Penalties for Violations
The TCPA is a strict liability statute, meaning violations can lead to significant penalties.
Penalties can be as high as $500 per violation, and willful violations can be "trebled" to as much as $1,500 per violation.
The "Restrictions of Use of Telephone Equipment act" likely refers to the Telephone Consumer Protection Act (TCPA), a U.S. federal law that restricts the use of automated dialing systems, prerecorded voice messages, artificial voices, and text messages for telemarketing and other purposes. It requires prior express written consent for telemarketing calls to cell phones and restricts calls to cell numbers and mobile devices using automatic dialing systems. The TCPA also prohibits unsolicited fax transmissions and restricts making calls to residents listed on the National Do Not Call Registry.
Key Restrictions Under the TCPA
Consent for Calls to Cell Phones:
You must get "prior express written consent" from consumers before making telemarketing calls or sending text messages using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice to their mobile phones.
National Do Not Call Registry:
It is illegal to call people whose numbers are on the National Do Not Call Registry.
Hours of Operation:
You cannot call residences before 8 a.m. or after 9 p.m. in the called person's time zone.
Artificial or Prerecorded Voice Calls:
Restrictions apply to calls using artificial or prerecorded voices, particularly for telemarketing, but there are exemptions, such as for established business relationships.
Fax Transmissions:
The TCPA also restricts unsolicited fax transmissions (junk faxes).
Caller Identification:
Causing misleading or inaccurate caller ID information to be transmitted is prohibited.
Why the TCPA was Enacted
To address the growing number of telephone marketing calls and to protect consumers from unwanted solicitation and the intrusive use of automated technologies.
Penalties for Violations
The TCPA is a strict liability statute, meaning violations can lead to significant penalties.
Penalties can be as high as $500 per violation, and willful violations can be "trebled" to as much as $1,500 per violation.
Outcome:
STIPULATION of Dismissal by Craig Kimmel. (Morgan, Max) (Entered: 10/03/2025)
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Craig Kimmel v. iHeartmedia, Inc.?
The outcome was: STIPULATION of Dismissal by Craig Kimmel. (Morgan, Max) (Entered: 10/03/2025)
Which court heard Craig Kimmel v. iHeartmedia, Inc.?
This case was heard in United States District Court for the Western District of Texas (Bexar County), TX. The presiding judge was Fred Biery.
Who were the attorneys in Craig Kimmel v. iHeartmedia, Inc.?
Plaintiff's attorney: Click Here For The Best San Antonio Consumer Law Lawyer Directory. Defendant's attorney: Click Here For The Best San Antonio Commercial Litigation Lawyer Directory.
When was Craig Kimmel v. iHeartmedia, Inc. decided?
This case was decided on October 3, 2025.