Author Topic: Lawsuit filed a week ago  (Read 13854 times)

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KFMAN

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Re: Lawsuit filed a week ago
« Reply #15 on: September 29, 2010 02:44:27 PM »
THey called both...they would pick a 15 minute block, and call the cell 2-3 times, and the home phone once. Then an hour or two later, they would do it again.

The home number was NOT listed on the OC at all.
Did you revoke their consent?  I would ask for $1,500 X every call on the Cell phone.  Make them pay!

kevinmanheim

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Re: Lawsuit filed a week ago
« Reply #16 on: September 29, 2010 03:01:45 PM »
THey called both...they would pick a 15 minute block, and call the cell 2-3 times, and the home phone once. Then an hour or two later, they would do it again.
It's too bad more people don't document this harassment, and that there aren't more attorneys willing to sue for it.

I remember receiving those repetitive calls from an OC. They have their intended effect - to drive you crazy.

silverzgirl

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Re: Lawsuit filed a week ago
« Reply #17 on: September 29, 2010 03:52:44 PM »
KF: This occurred AFTER I revoked consent.

KM: This was documented; I immortalized the calls in a written complaint and in pure photographic color. I mentioned this to my attorney when he gave me their first offer and said the willful noncompliance alone comes to 50 percent what we are asking for and that is not including damages.

I think the biggest issue is most lawyers are skilled with the easy payday of FDCPA and most collectors are not affected by a 1K max penalty. The two I have left are HUGE entities, and one had revenue of over 50M last year alone.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

KFMAN

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Re: Lawsuit filed a week ago
« Reply #18 on: September 29, 2010 03:58:27 PM »
KF: This occurred AFTER I revoked consent.

KM: This was documented; I immortalized the calls in a written complaint and in pure photographic color. I mentioned this to my attorney when he gave me their first offer and said the willful noncompliance alone comes to 50 percent what we are asking for and that is not including damages.

I think the biggest issue is most lawyers are skilled with the easy payday of FDCPA and most collectors are not affected by a 1K max penalty. The two I have left are HUGE entities, and one had revenue of over 50M last year alone.
So a few $100,000 to them is a drop in the bucket!

silverzgirl

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Re: Lawsuit filed a week ago
« Reply #19 on: September 29, 2010 04:06:58 PM »
Exactly; my lawyer was being kind in only going after 120K, and figured they would settle around 10 percent otr do. They picked around 2 percent. That won't do.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

KFMAN

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Re: Lawsuit filed a week ago
« Reply #20 on: September 29, 2010 04:31:07 PM »
Exactly; my lawyer was being kind in only going after 120K, and figured they would settle around 10 percent otr do. They picked around 2 percent. That won't do.
Forget 10% if you have TCPA claims.  FDCPA Actual Damages can be tough to prove but TCPA is straight forward.  I wouldn't settle for less than $60,000.

kevinmanheim

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Re: Lawsuit filed a week ago
« Reply #21 on: September 29, 2010 05:43:25 PM »
Forget 10% if you have TCPA claims.  FDCPA Actual Damages can be tough to prove but TCPA is straight forward.  I wouldn't settle for less than $60,000.
That's a little unrealistic.

They will burn $50k in atty fees to deny you that $60k.

Been there.

$12k to settle a TCPA case isn't bad, in my opinion.

KFMAN

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Re: Lawsuit filed a week ago
« Reply #22 on: September 29, 2010 06:08:58 PM »
I guess I am confused.  If the law states a certain thing then why can't it be enforced?

KFMAN

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Re: Lawsuit filed a week ago
« Reply #23 on: October 09, 2010 04:43:10 PM »
BUMP

Mischievous Smurfy

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Re: Lawsuit filed a week ago
« Reply #24 on: October 09, 2010 05:48:33 PM »
I guess I am confused.  If the law states a certain thing then why can't it be enforced?

you didn't quote whatever it was that you were responding to so no one has a clue what you are talking about
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why are we requesting validation instead of disputing???  Why Why Why

KFMAN

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Re: Lawsuit filed a week ago
« Reply #25 on: October 09, 2010 06:03:37 PM »
Post #22 was in response to post # 21.

kevinmanheim

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Re: Lawsuit filed a week ago
« Reply #26 on: October 09, 2010 07:29:09 PM »
Post #22 was in response to post # 21.
Them violating the law, and you collecting damages from their violations are two separate matters. They can easily violate the law, you cannot easily collect from them for their violations.

If you have rock solid proof of $60,000 in TCPA violations, you still need to get a judge to award it, and then collect the judgment. In your way will be one or more attorneys who know how to trip you up. The process is time consuming, expensive and uncertain. That is why a $12,000 settlement isn't bad for a $60,000 claim.


VRSL

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Re: Lawsuit filed a week ago
« Reply #27 on: October 10, 2010 01:49:56 AM »
Quote
If you have rock solid proof of $60,000 in TCPA violations, you still need to get a judge to award it, and then collect the judgment. In your way will be one or more attorneys who know how to trip you up. The process is time consuming, expensive and uncertain. That is why a $12,000 settlement isn't bad for a $60,000 claim.

Yet, whether or not a debt collector has rock solid proof, a judge will award him the full amount.  Too bad judges don't seem to treat cases equally.

KFMAN

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Re: Lawsuit filed a week ago
« Reply #28 on: October 10, 2010 02:29:06 AM »
Good Point!

TestFlight

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Re: Lawsuit filed a week ago
« Reply #29 on: October 10, 2010 02:41:31 AM »
Yet, whether or not a debt collector has rock solid proof, a judge will award him the full amount.  Too bad judges don't seem to treat cases equally.

Excellent point!