Laws
Spectrum Class Action Lawsuit

Spectrum Class Action Lawsuit

Can SPAM Lawsuits Be Fought in Civil Court?

The plaintiff in a Spectrum Class Action lawsuit claims that the defendant is systematically placing secretly-called cell phone calls to people as part of a deliberate plan to harass and intimidate them. According to the plaintiff, the defendant was placing automatically Dialed telephone calls to people as sometime in 2021. Anderson believes that such calls with what is called predictive dialing used by Spectrum are part of a long-term plan to intimidate and commit harassment. When such calls are made with the “tone dump” function enabled on a cellular telephone, it is difficult to determine whether or not the call is being made from the residence of the target or from another electronic device. Thus, in many cases, victims of such harassment and abuse cannot tell for certain if they were contacted via phone or electronic device.

These days, it can be very difficult for victims to determine whether or not their harassers are the ones who actually committed the alleged acts of violence, threats, and intimidation. Such victims often rely on their internet speed to determine if their attackers are the culprits behind the threats they receive. For example, some internet service providers (ISP) artificially boost the internet speed of residential users to attract more subscribers, who in turn pay the increased internet charges in return for the service benefits. However, consumers may not realize that the internet speed at which they are surfing is being artificially increased to accommodate the increasing number of users. This is one reason why there are so many complaints about internet service providers and their practices regarding net neutrality.

If the Federal Trade Commission’s Anti-SPAM Rules had been in place at the time that these illegal phone calls were placed, there would have been a different choice for resolving the situation. However, if the FTC’s current class action lawsuit rule had been in place at the time of these illegal phone calls, there would not have been an available alternative available to the plaintiff, who may have been unable to identify the culprits of the harassment. In addition to the possibility of the individual being able to identify the caller, there also might have been an opportunity to settle the case prior to going to court. As it stands now, defendants are not required to settle lawsuits by law courts before the case goes to trial.

Even though the anti-spam rule was not in place at the time of the offensive phone calls, there are ways that law consumers can use to prevent the continuation of abusive behavior and increase the likelihood that they will prevail in their lawsuit. First, there is a way for consumers to ensure that they do not need to use automated dialers to call upon others for more information regarding the complaint. The CAN SPAM Act requires that any person sending unsolicited bulk electronic communication take the first step necessary to inform the receiver that the unsolicited communication is a violation of the CAN SPAM Act and that the sender is committing such violations. Without prior express consent, there is no way for consumers to know whether or not the caller is committing a violation of the law before contacting them.

Next, if a defendant has engaged in repeated acts of harassment over many months and years without prior express permission from law consumers, there is still a chance to bring a class action lawsuit against the defendant. If a judge allows it, there is a strong possibility that the victims of such harassment may be able to bring a class action lawsuit against the defendants on behalf of all class members who have been subject to such offending conduct. There are certain factors that determine whether or not such victims should be allowed to proceed with a lawsuit. Among those factors are the amount of time between the incidents, whether or not the defendants deliberately ignored the laws in question, the degree of the offending conduct, and the impact such conduct has on victims.

In sum, there is no doubt that a CAN SPAM Act lawsuit can be brought against any company that sends unsolicited bulk electronic messages, even if the company did not intend to break the law. However, there are also factors that determine whether or not such a lawsuit might be successful. If you are a victim of unwanted text messages, you may wish to consult an attorney experienced in bringing such lawsuits. Such an attorney can provide you with the information needed to assess your chances of success in such a lawsuit.

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