I have been sued for supposed TCPA violation in Illinois by a contigency
firm that attempts to turn a single complaint into a class action
complaint. I am looking for a law firm or attorney that specializes in
dealing with lawsuits regarding TCPA violation (Telephone Consumer
Protection Act), specifically junk faxes. I would like to find
attorneys or firms that have successfully defended someone and settled
the case for a reasonable sum. I'm only interested in attorneys and/or
firms in the chicago metropolitan area.

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Request for Question Clarification by pafalafa-ga on 28 Jul 2005 12:06 PDT

A researcher can probably help you to narrow down the field of
possible lawyers/firms in the Chicago area.  But you'll actually have
to get on the phone to the firm, and describe your case to them,
before finding out how relevant their experience is to your particular
situation.

For instance, here's one such firm with a speciality in
telecommunications law that certainly suggests itself as a
possibility:

==========

http://www.dereglaw.com/about.html

Giordano & Neilan 
 360 North Michigan Avenue
Suite 1005
Chicago, Illinois 60601 

312-580-5480 
Fax: 312-580-5481 

 

Giordano & Neilan, Ltd. is focused on representation of clients in the
energy and telecommunications fields. The firm was founded as Giordano
& Associates, Ltd. in 1996 by Patrick N. Giordano, previously a
partner at the national law firm of Foley & Lardner. Prior to joining
Foley & Lardner in 1989, Mr. Giordano worked for then-Cook County
State's Attorney Richard M. Daley as supervisor of his office's Public
Utilities division.

==========

Why not give them a call and discuss your situation.  If the
conversation is fruitful, I can certainly suggest two or three other
firms in the area that you might want to contact as well.

Let me know what you think.

pafalafa-ga

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Request for Question Clarification by justaskscott-ga on 28 Jul 2005 16:55 PDT

While pafalafa makes good points, I believe that I will have an answer
to your question this evening.  I have found a firm in the Chicago
area that has extensive expertise in defending these claims,
significantly more than anyone else in the area so far as I can tell. 
I presume that this firm would either be interested in defending you
or be able to refer or inform you as to someone who would.  If this
firm can't help in defending, referring, or advising you, then I can't
imagine who would.  (I can't speak for the firm, of course; but that's
my opinion based on what I've seen.)

Hello solvtcpa,

(As noted in the disclaimer at the bottom of this page, answers and
comments provided on Google Answers are general information, and are
not intended to substitute for informed professional legal advice.)

All of my searches -- whether on Google for TCPA attorneys in Chicago
or Illinois, or on LexisNexis Academic (available in some academic
libraries) for TCPA cases in Illinois and federal courts -- led me to
the following conclusions:

There is a predominant firm representing plaintiffs in TCPA cases in
the Chicago area.  Likewise, there is a predominant firm representing
defendants  This predominance is especially apparent in class action
cases.

The defendant side firm is:

Wildman Harrold
http://www.wildmanharrold.com/
[Note: The same content is available at http://www.whad.com/.]

The attorney at Wildman Harrold with a particular focus on TCPA law is:

Bart T. Murphy
Wildman Harrold
http://www.wildmanharrold.com/profile/attorneys/murphyb.htm

Mr. Murphy has written on developments in TCPA law, including an
article this month.  The most recent article concludes:

"Whether it is defending individual or class action litigation brought
under the TCPA for the transmission of unsolicited facsimile ads or
advising
your business regarding compliance issues for a fax marketing
campaign, Wildman Harrold has the experience and skills to effectively
represent your business."

"President Bush Signs Junk Fax Prevention Act of 2005 Codifying
Established Business Relationship Exemption to TCPA's Ban on
Unsolicited Facsimile Ads," by Bart T. Murphy (July 2005)
Wildman Harrold
http://www.wildmanharrold.com/practice/Junk_Fax_Prevention_Act.pdf

Two previous articles state that Mr. Murphy "is actively involved in
the defense of consumer class action litigation including TCPA
unsolicited
facsimile class action litigation.  He is presently defending clients
in ten TCPA fax class actions."

"Death of the EBR Exemption May Be 'Greatly Exaggerated,'" by Bart T.
Murphy (July 2004)
Wildman Harrold
http://www.wildmanharrold.com/practice/Death_EBR_Exemption.pdf

"FCC Extends Sunset of 'Established Business Relationship' Exemption For
Unsolicited Facsimile Ads Under TCPA," by Bart T. Murphy (August 2003)
Wildman Harrold
http://www.wildmanharrold.com/practice/TCPA.pdf

These two articles were reprinted on FindLaw, which I view as a quite
reputable legal website:

"Death of the EBR Exemption May Be 'Greatly Exaggerated,'" by Bart T.
Murphy (July 12, 2004)
FindLaw
http://library.findlaw.com/2004/Jul/12/133497.html

"FCC Extends Sunset of 'Established Business Relationship' Exemption For
Unsolicited Facsimile Ads Under TCPA," by Bart T. Murphy (August 26, 2003)
FindLaw
http://library.findlaw.com/2003/Aug/26/133025.html

The predominant plaintiff-side firm -- conceivably the firm
representing plaintiffs in your case, though that's only my educated
guess -- is:

Edelman, Combs, Latturner & Goodwin, LLC
http://www.edcombs.com/

"If a lawyer answers, hang up!"
ABA Banking Online
http://www.ababj.com/Feature7.html

Google cache of "Circuit Court gets more asbestos cases," by John
Flynn Rooney (Chicago Daily Law Bulletin, January 31, 2005)
Illinois Civil Justice League
http://64.233.167.104/search?q=cache:dD9X59kN-NgJ:www.icjl.org/CDLB-01-31-1.pdf

Google cache of "An IL industry: junk-fax law suits," by Shruti Daté
Singh (December 12, 2004)
Crain's Chicago Business
http://64.233.167.104/search?q=cache:vhQwefd_9d0J:chicagobusiness.com/cgi-bin/news.pl%3Fid%3D14877%26base%3D14874

Several proposed settlement notices in class-action cases involving
this firm note Wildman Harrold as attorney for defendants.

"Constructon Consulting Group, Ltd. v. Gerstein Financial & Insurance,
Inc.: Notice of Class Action and Proposed Settlement"
Gilardi & Co. LLC
http://www.gilardi.com/pdf/gst1notpoc.pdf

"Constructon Consulting Group, Ltd. v. Superior Marketing Systems,
Inc.: Notice of Class Action and Proposed Settlement"
Edelman, Combs, Latturner & Goodwin, LLC
http://www.edcombs.com/CM/Notices/Notices312.asp

"Prints of Peace, Inc. v. Enovation Graphic Systems, Inc.: Notice of
Class Action and Proposed Settlement"
Edelman, Combs, Latturner & Goodwin, LLC
http://www.edcombs.com/CM/Notices/Notices313.asp

"Bernstein v. New Century Mortgage Corporation: Notice of Class Action
and Proposed Settlement"
Edelman, Combs, Latturner & Goodwin, LLC
http://www.edcombs.com/CM/Notices/NewCenturyNotice.asp

While these proposed settlements involve monetary payments by
defendants, I presume that defendants consider the settlements fair in
relation to alternative of litigating the case.  Moreover, I presume
that at least some cases without such notices have gone or are going
more favorably.  Wildman Harrold is a significant firm in Chicago, and
would not likely be satisfied with a negative reputation in this area.
 Its representation of this many TCPA defendants suggests that clients
consider it a good choice.

I imagine that you'll have questions for this firm after evaluating
this material.  It seems that Mr. Murphy invites such questions.  I
hope that you'll find the representation you're looking for, either
with this firm or, if appropriate, with another firm that it suggests.

- justaskscott


Search strategy --

Searched on LexisNexis Academic's federal and Illinois case law
databases for various combinations of these terms:

tcpa
"telephone consumer protection act"
chicago
il
illinois
fax
facsimile

Searched on Google for various combinations of these terms:

tcpa
"telephone consumer protection act"
"junk fax"
chicago
il
illinois
fax
faxes
"wildman harrold"
site:wildmanharrold.com
site:whad.com
"bart t murphy"
"edelman combs"
site:edcombs.com
[other law firm names]

solvtcpa

Someone directed me to your inquiry and justaskscott's answer.  By the
way thank you justaskscott.  I would be happy to discuss your case
with you and how we may be of assistance.  Justaskscott included my
contact info in his answer, but here it is again:
http://www.wildmanharrold.com/profile/attorneys/murphyb.htm

Here's a thought.  Don't send junk faxes!