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Consumer Law
Telephone Consumer Protection Act
Restrictions of Use of Telephone Equipment

Paul Izor, individually and on behalf of all others similarly situated v. Abacus Data Systems Inc.

Published: Nov. 27, 2020 | Result Date: Aug. 24, 2020 | Filing Date: Feb. 26, 2019 |

Case number: 4:19-cv-01057-HSG Settlement –  $1,950,000

Judge

Haywood S. Gilliam Jr.

Court

USDC Northern District of California


Attorneys

Plaintiff

Stefan L. Coleman
(Law Offices of Stefan Coleman PA)

Avi R. Kaufman
(Kaufman P.A.)

Rachel E. Kaufman
(Kaufman P.A.)

David S. Ratner
(Ratner Molineaux LLP)


Defendant

Esteban Morales Fabila
(Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.)


Facts

Plaintiff Paul Izor filed a class action against Defendant Abacus Data Systems Inc., a software company that sells software services to professionals including lawyers and accountants in relation to texts messages it sent consumers.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant sent unsolicited and unauthorized text messages to consumers who were registered under the "Do Not Call" registry in an attempt to get consumers to update their accounts by repurchasing the product services "HotDocs." Plaintiff contended even after he responded to the unsolicited text message with the words "STOP," Defendant continued to send authorized text messages in violation of the Telephone Consumer Protection Act.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and any wrongdoing.

Result

The parties agreed to settle for the amount of $1,950,000 after the court denied Defendant's motion to dismiss.


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