2018 GNYADA Membership Directory

Magnuson-Moss Warranty Act • May constitute an FTC § 5 UDAP violation. • Consumers can recover damages from the breach. This includes remedies already available under state law. Telephone Consumer Protection Act (TCPA) and FCC • Private right of action allows consumer to sue for statutory damages of $500 (and up to $1,500 for a willful violation) per call or text message sent to any wireless number you cannot prove you have valid prior consent to call or text. For do-not-call violations, the statutory damages calculation is up to $500 / $1,500 per violation. • Class action liability is unlimited. • Potential civil forfeiture penalties up to $19,246 per violation or per day of a continuing violation.

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