Author Topic: TCPA case winnable?  (Read 2082 times)

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brokelady

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TCPA case winnable?
« on: February 21, 2017 04:43:42 AM »
I am working with an attorney against an original creditor that called my cell phone over 4000 times, averaging at least 10 calls per day. I consistently told the creditor to stop calling and even put all 9's in as my phone number. The case just went to arbitration, so I'm curious if you think I will get a decent settlement. It is on a $400 debt, so I'm pretty sure that will be wiped out and removed from my CR.

Bruno the JDB Killer

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Re: TCPA case winnable?
« Reply #1 on: February 21, 2017 12:25:10 PM »
If this is a creditor, it would appear that they have an application somewhere with your number on it. Revocation of permission to call can be oral in some circuits, but writing is preferred by most courts. Let lawyer figure it out.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

kevinmanheim

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Re: TCPA case winnable?
« Reply #2 on: February 21, 2017 12:26:27 PM »
1) We all would like the name of the place where you purchased this winning lotto ticket.

2) Anything can happen in arb. It's unlikely you will receive more than $25-50 per call, at the very best.

3) Your opponent is going to fight discovery at every opportunity to kill your case. Keep them on a short leash. Expect them to try to run out the clock on discovery, leaving you with no evidence at the hearing. 

brokelady

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Re: TCPA case winnable?
« Reply #3 on: February 21, 2017 04:01:58 PM »
Thank you for the insight, now I have an idea of what to expect at least.  I'll keep you updated on status! In the meantime I am going to continue to read, read, read through the TCPA violations board, so I am informed as much as possible.

flaccito

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Re: TCPA case winnable?
« Reply #4 on: February 21, 2017 04:34:48 PM »
10 calls a day? What is the name of the creditor? What company is it?

And I thought 6-8 calls a day was a lot....

aaabbb

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Re: TCPA case winnable?
« Reply #5 on: February 23, 2017 08:43:05 AM »
Oral revocation of consent is always permissible in a TCPA case according to the order issued by the FCC in July 2015. If they were using an autodialer and you told them to stop calling they should be on the hook for treble damages.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: TCPA case winnable?
« Reply #6 on: February 23, 2017 01:46:07 PM »
They should be, but a JAMS arbitrator will never award it.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Clydesmom66

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Re: TCPA case winnable?
« Reply #7 on: February 23, 2017 05:04:06 PM »
Oral revocation of consent is always permissible in a TCPA case according to the order issued by the FCC in July 2015. If they were using an autodialer and you told them to stop calling they should be on the hook for treble damages.

The courts are not awarding triple damages either.  TCPA cases are getting VERY hard to win compared to 5 years ago.  Companies are carrying insurance specifically for these claims and fighting back hard.
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

rebuilder2006

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Re: TCPA case winnable?
« Reply #8 on: February 24, 2017 04:43:55 AM »
If this is a creditor, it would appear that they have an application somewhere with your number on it. Revocation of permission to call can be oral in some circuits, but writing is preferred by most courts. Let lawyer figure it out.

A called party may revoke consent at any time and through any reasonable means.  A caller may not limit the manner in which revocation may occur.  Consumers have a right to revoke consent, using any reasonable method including orally or in writing.  See In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Omnibus Declaratory Ruling and Order, 30 FCC Rcd. 7961 (July 10, 2015)

brokelady

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Re: TCPA case winnable?
« Reply #9 on: February 27, 2017 05:05:30 AM »
I have a feeling this will be a long, slow process. Once cases get assigned a judge in arbitration, how long do these cases typically take? Months? Years?

kevinmanheim

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Re: TCPA case winnable?
« Reply #10 on: February 27, 2017 08:25:28 PM »
One week or two years.

No way to know until you find out how much endurance your attorney and/or your opponent have.

100% guaranteed there will be no final award in the case, unless it is one that awards you $0.

"Winning" in your case will mean a settlement for somewhere south of $100,000.

What kind of fee arrangement do you have with your attorney?

Bruno the JDB Killer

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Re: TCPA case winnable?
« Reply #11 on: February 28, 2017 01:53:31 PM »
You might be better off in federal court with this one.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

kevinmanheim

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Re: TCPA case winnable?
« Reply #12 on: February 28, 2017 02:49:51 PM »
A possibility is that the OP's attorney isn't aware of the realities of arbitration. Not many consumer attorneys, compared to the number of consumer attorneys out there, have participated in arb.

The attorney may get partway into the arb, realize what a circus it can be compared to court, and get weak knees.

The OP can look at the JAMS and AAA databases and see if their attorney's or firm's name appear as counsel for a party. 

brokelady

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Re: TCPA case winnable?
« Reply #13 on: March 07, 2017 02:08:22 PM »
My attorney fee schedule is that they get half of whatever settlement there is. I know it's a lot. The attorney says that they have gone to arbitration with this creditor many times and has received favorable outcomes. Now, that could be favroable only for him, I'm not sure. How do I search the JAMS database? I found the website, but I can't find an attorney look up tab.

Thanks for your replies!

brokelady

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Re: TCPA case winnable?
« Reply #14 on: March 19, 2017 03:27:14 PM »
Update: The creditor offered $2500. TOTAL to avoid arbitration. My attorney declined, so now we head to arbitration. No idea on  how soon the first hearing will be.

 

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