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Counter-Claims

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In Tilley v. Ally Financial, Inc., 2018 WL 1535413, at *1–2 (E.D.Mich., 2018), Judge Leitman declined to hear a collection claim filed in response to a federal TCPA claim. Ally’s state-law breach of contract counterclaim and Tilley’s TCPA claim do not derive from a common nucleus of operative facts. Tilley’s TCPA claim arises out of the (alleged) facts that Ally… Read More

In Della Vecchia v. Ally Financial, 2018 WL 907045, at *1–2 (M.D.Fla., 2018), the District Court declined supplemental jurisdiction over a counter-claim filed by an automobile finance company against a TCPA Plaintiff. In fact, the typical TCPA action presents a handful of discrete questions (for example, whether the plaintiff consented to a call and whether plaintiff revoked consent), and Ally identifies… Read More

In Riazi v. Ally Financial, 2017 WL 4260847, at *6–7 (E.D.Mo., 2017), Judge Hamilton refused to allow an auto lender pursue its debt collection claim as a counterclaim to a TCPA claim because the debt collection claim was permissive. Further, permitting the collection of an underlying debt by way of a counterclaim in a plaintiff's federal TCPA action creates “the risk… Read More

In Bates v. American Credit Acceptance, LLC, 2016 WL 5477429, at *3 (E.D.Mich., 2016), Judge Tarnow exercised supplemental jurisdiction over a collection cross-complaint filed in response to a TCPA claim. The Court finds that Plaintiffs' claims and Defendant's counterclaim are sufficiently part of the same case or controversy to warrant the exercise of supplemental jurisdiction. The claims at issue clearly… Read More

In Vernell v. Nuvell Credit Company, LLC, 2016 WL 931104, at *3-4 (M.D.Fla., 2016), the Court refused to exercise supplemental jurisdiction over an automobile finance company's counter-claim to its customer's TCPA claim. It is clear from the record that the Counterclaim—a simple breach of contract claim—does not raise a new or complex issue of state law, the federal law claim has… Read More

In Ramsey v. General Motors Financial Co., Inc., 2015 WL 6396000, at *1-2 (M.D.Tenn.,2015), Judge Campbell dismissed the Defendant's counterclaim for the debt in a TCPA action. Similarly, Plaintiff contends that Defendant's state law claim can be resolved without any consideration of whether Defendant violated the TCPA. The determination of whether Plaintiff was in default under the Contract in no way… Read More

In Watkins v. Synchrony Bank, 2015 WL 5178134, at *3-4 (M.D.Pa.,2015), Judge Brann declined hear a counter-claim filed in response to a TCPA claim. Applying the “logical relationship” test to the instant counterclaim, this Court finds that Defendant's breach of contract claim is not logically related to Plaintiff's federal TCPA claim. This conclusion is reached based on an analysis of case… Read More

In Miller v. 3G Collect, LLC, 2014 WL 4634966 (E.D.Pa. 2014), Judge Buckwalter retained jurisdiction in a TCPA case over the underlying debt itself. Thus, unlike the TILA and FDCPA, the explicit terms of the TCPA make the giving of prior express consent by the debtor to the debt collector an absolute defense to liability. See Baird v. Sabre Inc., 995… Read More

Two recent California District Court decisions suggest the propriety and effect of pursuing the third party who provided the cellular telephone number in an application that turned out to be subscribed to by another. In Webb v. Healthcare Revenue Recovery Group, LLC, 2014 WL 2967559 (N.D.Cal. 2014), Judge Donato permitted a TCPA defendant to file a third party claim against… Read More

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