Legal Opinion

Kaner v. Robert R. Schiffman, D.C., P.C.

District Court of Appeal of Florida

Decided June 6, 2012No. 4D11-1507Published

1Per curiam

Nathan Kaner and his company filed a two-count class action complaint alleging *1135common law conversion and violations of the Telephone Consumer Protection Act, 47 U.S.C § 227 (the “Act”). Kaner sought to be the class representative. The defendants furnished Kaner with an offer to “consent to judgment” including $2,500 (for five violations of the Act, each carrying a $500 statutory penalty, see 47 U.S.C. § 227(b)(3)(B)), compensable damages associated with the conversion of Kaner’s fax machine, an injunction prohibiting the defendants from engaging in statutory violations, taxable costs, and any…

2Cases cited2 opinions

  1. Richard Weiss, on Behalf of Himself and All Others Similarly Situated v. Regal Collections Lancer Investments, IncCourt of Appeals for the Third Circuit · 2004
  2. Jackson v. Southern Auto Finance Co.District Court of Appeal of Florida · 2008

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