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National Tax Advisory Class Action Lawsuit Explained

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National Tax Advisory Class Action Lawsuit Explained

In a recent legal development, National Tax Advisory Services LLC, a California-based company, has been accused of violating the [Telephone Consumer Protection Act](https://www.fcc.gov/sites/default/files/tcpa-rules.pdf) (TCPA) and the Florida Telephone Solicitation Act (FTSA). The lawsuit was filed by Florida resident Alan Grochowski, Sr., who alleges that the company made automated and prerecorded calls to thousands of consumers.

What Laws Did National Tax Advisory Services Allegedly Violate?

The TCPA, enacted in 1991, restricts telephone solicitations and the use of automated telephone equipment. It also specifies certain technical requirements for fax machines, autodialers, and voice messaging systems. Violations of this act can lead to hefty fines and penalties.

Similarly, the FTSA, a state law in Florida, regulates telephone solicitation to protect consumers from unwanted and intrusive calls. It requires that solicitors provide certain disclosures and prohibits calls to individuals on the state's do-not-call list.

According to the plaintiff, National Tax Advisory Services violated these laws by making automated and/or prerecorded calls to consumers, including those who did not consent to such calls or were on the do-not-call list.

What Led to the Filing of the Lawsuit?

The case began when Mr. Grochowski started receiving unsolicited calls from National Tax Advisory Services. Despite being on the do-not-call list and not giving consent to receive such calls, Grochowski alleges that he continued to receive them.

On May 31, 2023, Grochowski decided to take legal action. He filed a lawsuit against National Tax Advisory Services in the Circuit Court of the Nineteenth Judicial Circuit in Indian River County, Florida. The company was subsequently served with the Complaint and Summons on June 8, 2023.

Following this, National Tax Advisory Services decided to remove the case to the United States District Court for the Southern District of Florida. The company filed a Notice of Removal within 30 days of being served with the initial pleading, as required by law.

Who Are the Class Members?

While Grochowski is the named plaintiff, he is not the only one allegedly affected by the company's actions. The lawsuit alleges that thousands of consumers received automated and/or prerecorded calls from National Tax Advisory Services.

These consumers, like Grochowski, may not have given their consent to receive such calls or may have been on the do-not-call list. They are the potential class members in this lawsuit.

The exact number of class members is currently unknown and will be determined during the discovery phase of the lawsuit.

How Much Is the Plaintiff Seeking?

The lawsuit alleges that the company's actions could result in aggregate damages exceeding $5,000,000. This figure is based on the number of alleged violations and the statutory penalties for each violation under the TCPA and FTSA.

However, the final amount sought by the plaintiff will depend on several factors, including the number of class members, the number of violations, and the outcome of the court proceedings.

It is also worth noting that the plaintiff is seeking not only monetary damages but also an injunction to stop the company from making further unsolicited calls.

What Could Be the Next Steps?

With the case now in the United States District Court for the Southern District of Florida, the next steps will involve the discovery phase, where both sides gather evidence to support their claims and defenses.

Depending on the outcome of the discovery phase, the case could go to trial, or the parties could reach a settlement. However, it is too early to predict the final outcome of this lawsuit.

One thing is certain: this case serves as a reminder of the importance of complying with the laws governing telephone solicitations and the potential consequences of violating these laws.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    2:23-cv-14200
  • Filing Date:
    July 7, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    Florida
  • Court:
    Florida Southern District
  • Plaintiff:
    Alan Grochowski, Sr
  • Defendant:
    National Tax Advisory Services, LLC
  • Plaintiff Firm:
    Kazerouni Law Group APC
  • Defendant Firm:
    Evan D. Appell, P.A.
  • Claims Administrator:
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