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$2.6 MIllion TCPA Settlement in New Jersey

Posted by: Brian Schaffer

On July 17, 2014, a federal judge in the case, Bais Yaakov of Spring Valley v. Peterson’s Nelnet, LLC, preliminarily approved a $2.6 million settlement regarding claims against Peterson’s Nelnet LLC, a college and career planning company. The lawsuit was filed on January 3, 2011 in the United States District Court of New Jersey and alleged that Peterson’s Nelnet LLC violated the Telephone Consumer Protection Act (“TCPA”) by sending out more than 10,000 unsolicited and solicited fax advertisements without including the proper “opt-out” notices required under the law.

In 1991, Congress enacted the TCPA in response to a growing number of consumer complaints regarding certain telemarketing practices. The TCPA makes it unlawful to make any calls, send any text messages, and/or send any faxes to a person or business, for commercial reasons, without that person’s express written consent. Each recipient of an unlawful call, text message, and/or fax may receive a statutory penalty of at least $500 (up to $1,500) for each violation.

The lawyers of Fitapelli & Schaffer, LLP have begun representing everyday people who have faced unwanted, endless telemarketing calls at their home, business, and/or on their mobile devices. If you are receiving unwanted telemarketing calls and want to stop them as soon as possible, then please call the lawyers of Fitapelli & Schaffer, LLP, (212) 300-0375, to schedule a free consultation.

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