Author Topic: Quick Rundown on my TCPA Attempt  (Read 788 times)

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ghost

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Re: Quick Rundown on my TCPA Attempt
« Reply #15 on: September 27, 2017 12:25:09 AM »
Kevin is giving you good, honest advice. Just sue them. Stop talking about what you are going to do and go to the courthouse and do it.
Lets do this

CoffeeCupRunnethOver

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Re: Quick Rundown on my TCPA Attempt
« Reply #16 on: October 30, 2017 06:32:49 PM »
First, I just want to say good luck.  It's not as easy as it sounds especially with so few violations.  I've learned that Judges are becoming more hostile towards the TCPA and that even with over 300 violations on a few occasions, couldn't care less and wanted nothing to do with these types of cases.

I find it's best to know as much as you can and to take all advice into consideration.  There are some cases where Defendants wanted to settle quickly without discovery exchange and others that wanted to "teach me a lesson" spending tens of thousands on unnecessary legal expenses.

If you document too much, they view you as peculiar and too little and you'll definitely have a weak case.  In cases where I had over 400 calls, settled for peanuts; while cases with 6,10, and 15 calls, I did setttle for the "treble damages", so it's really a bizarre realization.

Your best bet to maximize your chances of "winning" is to be cordial, non-combative, yet firm with opposing counsel because they hate TCPA/FDCPA cases.  Another lesson I found is that in the majority of cases the facts do not matter.  I only discussed the "number of calls" or the "autodialer" question with less than half of the cases I pursued.  I prefer to save time and settle quickly.  The less work I have to do will allow me to move on to th next case.

Since the TCPA will be modified, either by limiting the SOL to one year or exempting debt collectors or something just as restrictive, I feel like every year that goes by the payouts are reflecting that wind of change.  So yes, good luck.
Arbitration
1: settled pre-filing
6: settled after Scheduling Hearing
2: settled a week before Arbitration date

Litigation-Employment
1: Settled pre-filing at Mediation, 6 figures
2: Settled pre-fiiing with HR rep

Litigation-Civil
1: Landlord Tenant issue-landlord had to make several costly repairs immediately, rent forgiveness equaling $12,000
 
Pending: 20+ TCPA claims/actions, FDCPA

flaccito

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  • Posts: 55
Re: Quick Rundown on my TCPA Attempt
« Reply #17 on: October 30, 2017 09:32:13 PM »
First, I just want to say good luck.  It's not as easy as it sounds especially with so few violations.  I've learned that Judges are becoming more hostile towards the TCPA and that even with over 300 violations on a few occasions, couldn't care less and wanted nothing to do with these types of cases.

I find it's best to know as much as you can and to take all advice into consideration.  There are some cases where Defendants wanted to settle quickly without discovery exchange and others that wanted to "teach me a lesson" spending tens of thousands on unnecessary legal expenses.

If you document too much, they view you as peculiar and too little and you'll definitely have a weak case.  In cases where I had over 400 calls, settled for peanuts; while cases with 6,10, and 15 calls, I did setttle for the "treble damages", so it's really a bizarre realization.

Your best bet to maximize your chances of "winning" is to be cordial, non-combative, yet firm with opposing counsel because they hate TCPA/FDCPA cases.  Another lesson I found is that in the majority of cases the facts do not matter.  I only discussed the "number of calls" or the "autodialer" question with less than half of the cases I pursued.  I prefer to save time and settle quickly.  The less work I have to do will allow me to move on to th next case.

Since the TCPA will be modified, either by limiting the SOL to one year or exempting debt collectors or something just as restrictive, I feel like every year that goes by the payouts are reflecting that wind of change.  So yes, good luck.

Interesting observations, but I doubt much will change given how slowly the gears of the system turn. As far as I know, the only actual "change" made in recent memory was the government exempting itself from liability for calls placed on behalf of the government.

As for judges seeming "hostile", isn't that always the case with us pro se's / non-attorneys? On the other hand, I've heard through the grapevine of someone recently settling one of these cases for over $40k and someone else settling his for "well over $100k", the latter guy signed an NDA so obviously couldn't give specifics. These are people who used attorneys, so maybe that helped with their results.

It seems these types of cases are settling just the same as they always have, same with FDCPA. I guess personal perceptions can vary though.

CoffeeCupRunnethOver

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  • Posts: 2
Re: Quick Rundown on my TCPA Attempt
« Reply #18 on: October 31, 2017 10:16:12 PM »
From colleagues who go to court every other week for TCPA related hearing, they have had judges refuse to hear their motions, say that they hate TCPA cases and otherwise place deadlines that are impossible for both sides.  They just want these off their dockets.  I have settled pro-se for "over $100k", but that was years ago, now that same case and facts I doubt would get me anything because attorneys want Plaintiffs to prove up their dialing systems, or they want to fight it and bring in some much needed revenue for their firm.  Case and point, one settlement was only $15,500 for 40+ calls a few years ago in arbitration.  This Defendant wanted to spend another $30,000 on attorney fees to "set a precedent" and the Arbitrator told her that that was "unnecessary".  She got the hint, put her ego aside and settled. 

So, compared with today, where a recent settlement of over 100 calls and texts in arbitration, I barely got $4000, but the large corporation spent over $38,000 in attorney's fees and fought to the bitter end.

Anecdotal for sure, but what makes the difference is that companies are more willing to fight litigants, especially "professsional litigants", and law firms are able and willing to fight a losing battle because they know the arbitration is business-biased and arbitrators are ignorant.

Another consideration is that businesses are also refusing to pay fees in arbitration, knowing/hoping the consumer won't get a lawyer.  They know that lawyers will only take cases with high volume of calls and those cases with a few calls, lawyers would prefer to pursue class actions only to find Plaintiff has an arbitration clause.  Can't win for trying.   :vbfrown:
Arbitration
1: settled pre-filing
6: settled after Scheduling Hearing
2: settled a week before Arbitration date

Litigation-Employment
1: Settled pre-filing at Mediation, 6 figures
2: Settled pre-fiiing with HR rep

Litigation-Civil
1: Landlord Tenant issue-landlord had to make several costly repairs immediately, rent forgiveness equaling $12,000
 
Pending: 20+ TCPA claims/actions, FDCPA

flaccito

  • Valued Member
  • Posts: 55
Re: Quick Rundown on my TCPA Attempt
« Reply #19 on: November 01, 2017 12:12:24 AM »
From colleagues who go to court every other week for TCPA related hearing, they have had judges refuse to hear their motions, say that they hate TCPA cases and otherwise place deadlines that are impossible for both sides.  They just want these off their dockets.  I have settled pro-se for "over $100k", but that was years ago, now that same case and facts I doubt would get me anything because attorneys want Plaintiffs to prove up their dialing systems, or they want to fight it and bring in some much needed revenue for their firm.  Case and point, one settlement was only $15,500 for 40+ calls a few years ago in arbitration.  This Defendant wanted to spend another $30,000 on attorney fees to "set a precedent" and the Arbitrator told her that that was "unnecessary".  She got the hint, put her ego aside and settled. 

So, compared with today, where a recent settlement of over 100 calls and texts in arbitration, I barely got $4000, but the large corporation spent over $38,000 in attorney's fees and fought to the bitter end.

Anecdotal for sure, but what makes the difference is that companies are more willing to fight litigants, especially "professsional litigants", and law firms are able and willing to fight a losing battle because they know the arbitration is business-biased and arbitrators are ignorant.

Another consideration is that businesses are also refusing to pay fees in arbitration, knowing/hoping the consumer won't get a lawyer.  They know that lawyers will only take cases with high volume of calls and those cases with a few calls, lawyers would prefer to pursue class actions only to find Plaintiff has an arbitration clause.  Can't win for trying.   :vbfrown:

I see in your sig that you have "Pending: 20+ TCPA claims/actions, FDCPA", maybe that's why your judge "hates" your cases and seems "hostile"?  :vbconfused: Someone with that many cases would certainly draw attention and possibly come across as a "professional litigant".

I agree with you though on the part about "they are fighting consumer cases harder these days".