Stat. § , this same law . Requires class action claimants to allege and prove actual damages in order to proceed with . A class action seeking statutory How to Handle Angry Customers in Telemarketing penalties under chapters , , , and until recently, florida . Courts had not considered whether a class action claimant is required to allege and prove . Actual damages in order to maintain a class action under the ftsa.Applying fla.
Following Up With Potential Customers
Stat. § . (), in leigue v. Everglades college, a florida state court held that plaintiff could not . Maintain a class action for statutory damages under honduras phone number material the ftsa without both alleging and proving . Actual damages. In its holding, the court stated that purported injuries, such as annoyance or . Frustration, do not satisfy the actual damages requirement.Further guidance likely is coming soon. In morris .
Creating a Positive Customer Experience
- Lincare, inc., lincare moved to dismiss plaintiff’s ftsa class claims on the grounds that . Plaintiff lacked capacity to sue on behalf of a class because she failed to plead . Actual damages as required under fla. Stat. § (). Although the court has not yet . Decided lincare’s motion to dismiss (which was filed before the leigue decision), it will be . Interesting to see if the district court for the middle district of florida follows leigue’s .
Retaining Clients Through Telemarketing
Lead, and also dismisses plaintiff’s ftsa class action claims for failure to allege actual damages.Implications . For businessesbecause how to create effective calls to action the majority of ftsa class action claims only seek statutory damages, the leigue . Decision is significant in that it substantially curtails potential exposure for telemarketers. Notably, the leigue . Court also ruled that statutory damages under the ftsa are limited to per action, . Not per violation, or , if trebled.
Handling Customer Complaints Gracefully
For businesses that find themselves entangled in ftsa . Class action lawsuits, the leigue decision offers a pathway to limiting potential liability. As we . Monitor phone list developments in the lincare case, continue to follow our blog for updates.The attorneys at . Klein moynihan turco have decades of telemarketing law experience. Although the ftsa is still a . Relatively new tool of the plaintiffs’ bar, our attorneys already have defended businesses in countless .