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District Court (Fla.) Says TCPA Plaintiff Need Not Plead that She Was Charged for the Call

by Scott J. Hyman |

In Gesten v. Stewart Law Group, LLC, --- F.Supp.3d ----, 2014 WL 7243330 (S.D.Fla. 2014), Judge Cohn denied a TCPA defendant’s Motion to Dismiss the Plaintiff’s complaint, rejecting the argument that the Plaintiff must plead that she was charged for the call. Defendant first argues that Plaintiff lacks standing to sue under the TCPA because Plaintiff has not alleged that… Read More

4th Cir. Says TCPA Covers Debt Collector’s Calls To Residence Where Debtor Was Charged for the Calls

by Scott J. Hyman |

In Lynn v. Monarch Recovery Management, Inc.--- Fed.Appx. ----, 2014 WL 4922451 (4th Cir. 2014), the 4th Circuit Court of Appeals found that a debt collector could not rely on the TCPA's land-line/EBR exemption where the debtor was charged for the call. The TCPA specifically prohibits “mak[ing] any call ... using any [ATDS] or an artificial or prerecorded voice ... to any… Read More

District Court (Wash.) Finds TCPA Imposes No Requirement that Plaintiff Have Incurred Cost for the Call; Finds that Plaintiff Consented to Be Called by Successor Business When Plaintiff Gave Cell Number to Predecessor Business

by Scott J. Hyman |

In Taylor v. Universal Auto Group I, Inc., 2014 WL 2987395 (W.D.Wash. 2014), Judge Strombom rejected the argument that the TCPA requires the Plaintiff to have incurred a cost for the call, but agreed that Plaintiff’s providing his cellular telephone number to a predecessor business constituted consent to be called by the successor business. Tacoma Dodge Chrysler Jeep (Tacoma Dodge)… Read More

District Court (Ind.) Says TCPA Pleading Requirements Satisfied by Pleading that Cellular Telephone Minutes Were Used Up By Improper Calls

by Scott J. Hyman |

In Markovic v. Appriss, Inc., 2013 WL 6887972 (S.D.Ind. 2013), Judge Magnuss-Stinson found that a Plaintiff properly pleaded a TCPA case by alleging that calls used up minutes on his plan. Appriss contends that Mr. Markovic's Complaint must be dismissed because he has failed to allege that he was specifically charged for the allegedly unlawful call he received from Appriss.… Read More

District Court (Cal.) Finds TCPA Claim Adequately Pleaded

by Scott J. Hyman |

In Mashiri v. Ocwen Loan Servicing, LLC, 2013 WL 5797584 (S.D.Cal. 2013), Judge Lorenz found a TCPA claim adequately pleaded.  First, Judge Lorenz rejected the Defendant’s argument that the TCPA does not apply to debt collectors placing calls to wireless telephone numbers by use of an autodialer: The TCPA contains separate provisions for calls made to residential telephone lines and… Read More

District Court (NY) Finds No TCPA Consent for Debt Collector to Call Current Cell Phone when Debtor Gave Prior Cell Phone Number to Creditor

by Scott J. Hyman |

In Levy v. Receivables Performance Management, LLC--- F.Supp.2d ----, 2013 WL 5310166 (E.D.N.Y. 2013), Judge Bianco found an absence of consent under the TCPA for a debt collector calling a consumer's cellular telephone where the consumer had given a prior cellular number to the creditor. With respect to the issue of prior express consent, both the FCC and various federal courts… Read More

District Court (Cal.) Finds TCPA Class Action Adequately Pleaded against Debt Collector by Unintended Recipient of Auto-Dialed Calls to Cell Phone

by Scott J. Hyman |

In Iniguez v. The CBE Group, --- F.Supp.2d ----, 2013 WL 4780785 (E.D.Cal. 2013), Judge Mendez addressed the propriety of a class-action lawsuit brought against a debt collection agency under TCPA by an “unintended recipient” of collection calls.  The lawsuit was based on Plaintiff's allegations that Defendant placed numerous calls to her cell phone seeking to collect a debt owed… Read More

District Court (NY) Holds TCPA’s Plaintiff’s Claim that Defendant Trapped Cell Phone Number Negates “Prior Express Consent”; Finds Cost to Consumer Not an Element of TCPA Claim

by Scott J. Hyman |

In Castro v. Green Tree Servicing LLC, --- F.Supp.2d ----, 2013 WL 4105196 (S.D.N.Y. 2013), Judge Ramos found that including a GLB Privacy Notice with a collection letter was deceptive.  Judge Ramos also denied the defendant’s Motion for Summary Judgment on Plaintiff’s TCPA claim.  Judge Ramos found questions of fact that an auto-dailer was used and that trapping a consumer’s… Read More

District Court (Md.) Affirms Ruling that Land-Line Calls to Consumer Using VoIP Protocol for which Consumer is Charged Fall within TCPA’s “Charged Call” Liability Provisions rather than TCPA’s “Land-Line” Exemption

by Scott J. Hyman |

In Lynn v. Monarch Recovery Management, Inc., 2013 WL 3071334 (D.Md. 2013), Judge Quarles refused to certify his opinion that a call to a land-line made over VoIP Protocol fell within the TCPA’s “charged call” liability provisions rather than the TCPA’s “land-line” exemption. The facts, recited in more detail below, were that the Plaintiff set up his land-line through VoIP… Read More

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