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The latest from Lusskin Law and around the courts

Bret Lusskin, Esq. Wins Ruling in Florida Supreme Court that Pre-July 1, 2010 Red Light Cameras Illegal

Bret Lusskin, Esq. Obtains Ruling from Florida Supreme Court that Red Light Camera Programs from Before July 1, 2010 Were Illegal
On June 12, 2014, the Florida Supreme Court ruled that all Florida red light camera programs existing before July 1, 2010, were illegal, and all local governments using them were violating the law.

“These were kangaroo courts trumped up for the purposes of…

Bret Lusskin, Esq. Obtains $63,000.00 Judgment Against Debt Collector for Harassment

On May 1, 2014, Bret Lusskin, Esq. obtained partial summary judgment against Diversified Consultants, Inc., for violation of the Telephone Consumer Protection Act.  Diversified Consultants, a debt collector, was ordered to pay $63,000.00 for violating a Florida consumer’s rights by repeatedly placing automated collection calls to her cellular telephone.

The Honorable Judge Ursula Ungaro found…

Record Settlement in Bank of America TCPA Class Action

Bank of America

It appears Bank of America will be paying over $32 million in an effort to settle six pending TCPA class action litigation matters.  The settlement will provide $32,083,905 to pay claims from those who received automated collection calls or texts from Bank of America, as well as Plaintiffs’ attorneys fees and the administrative costs of the settlement.  It avoids the further cost and risk…

Five Tips for Dealing with Debt Collection Calls

Debt collectors are always looking for new ways to pester consumers and get them to pay. In recent years, they have turned to abusing the one item that is always within arms reach: YOUR CELL PHONE. If you have been the victim of cell phone harassment, the following tips can help you build a case.
1. FIGURE OUT HOW THEY GOT YOUR PHONE NUMBER. This is the first step in determining the strength of…

South Florida a Leading Source of Text Message Spam

MIAMI (CBSMiami) – Cell phone spammers are targeting South Florida area codes.

According to a study by Cloudmark, a company that track spam text messages for wireless carriers, the Broward’s 954 area code receives the most unwanted text messages in the country.

Miami’s 786 and 305 area codes ranked 4th and 5th respectively on Cloudmark’s list of most “spammed” area…

FCC Declares Vicarious Liability Applies to Telemarketers

On May 9, 2013, the FCC issued a Declaratory Ruling on the issue of vicarious liability under the Telephone Consumer Protection Act (the “TCPA”), holding that companies are liable for illegal telemarketing committed by their marketing companies.

Per the FCC:

The seller is in the best position to monitor and police TCPA compliance by third-party telemarketers. We thus agree that, consistent…

Telephone Harassment Class Action Certified Against Healthcare Revenue Recovery Group

A federal judge in Florida has granted class certification in a case brought against a medical debt collection agency over abusive telephone harassment practices.  The plaintiff is seeking damages under the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) on behalf of everyone unlawfully harassed by Healthcare Revenue Recovery Group, LLC (“HRRG”).
T…

Santander Bank ordered to pay consumer over $571,000.00.

Santander Consumer USA, Inc. unlawfully dialed Heather Nelson’s cellular telephone over a thousand times in its efforts to harass her into paying an alleged consumer debt.  District Court Judge Barbara B. Crabb awarded Ms. Nelson $571,000.00 for these telephone violations alone, plus additional sums for other…

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Aventura, FL 33180

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