Author Topic: TCPA and your local Small Claim Court  (Read 1223 times)

0 Members and 1 Guest are viewing this topic.

The Litigator

  • Valued Member
  • Posts: 963
  • So, sue me.
TCPA and your local Small Claim Court
« on: April 11, 2012 10:01:47 PM »
Has any here ever brought a TCPA case to their local Small Claims Court?

If so, what statements/documents did you bring to prove your case?

What documents/statements did the defense make to get the case dismissed?

There is also limited or no discovery at all in *most* Small Claims Court so it would be impossible to get phone records from your cell provider. In my area, there is no discovery at all.

Thanks.
I am not an attorney. Whatever I say is from personal experience.

I would like to thank all the predatory big banks that made it possible for me to be denied a mortgage for my family.

CAVU

  • Valued Member
  • Posts: 394
Re: TCPA and your local Small Claim Court
« Reply #1 on: April 11, 2012 11:38:20 PM »
I've not sued in small claims but have been successful in other courts.  Here is what I did. 

You shouldn't need discovery to get your own cell phone records.  I subpoenaed my cell phone records.  I sued myself to get a copy since my cell phone company would not provide them without a  subpoena.  Then I dropped the suit before my day in court.  Be ready to pay for someone from your cell phone company to come testify to the authentic state of the records.  Your whole case could hinge on this alone. 

I included copies of cease and desist (it was not required per the TCPA), I also include proof of mailing and receipt.  Again this is not required in certain situations as the TCPA does not require it in writing but can be a huge factor in a successful outcome.  It was for me. 

I had copies of phone conversations (both a copy of the recording and a written word for word description of the conversation). 

I included the specific TCPA language and other court opinions specific to the TCPA.  The judge may state that it is not something he/she can try in small claims (and the judge may be right).  This might be seen by a judge as arrogant but I would want the judge to know what specifically you are claiming has been violated.  I included the full text as part of my filing. 

As always consult a lawyer.  1 hour with a competent attorney can make all the difference.  I eventually hired a lawyer to handle my cases and have never regretted it but my cases were (are) significant amounts that would never be allowed in small claims.    It was difficult to find an attorney who was competent and the attorney I chose needed some education on TCPA but was open to education from a non attorney (much found here on DB). 

Good luck!

What the heck do I know?  If I were a lemming I would be #2 in the pile at the bottom of the cliff.

WaterRat225

  • Valued Member
  • Posts: 5
Re: TCPA and your local Small Claim Court
« Reply #2 on: April 25, 2012 08:52:00 PM »
I have brought two suits in Small Claims Court. The first was settled out of court for a handsome sum. The second is in process, where the defendant has filed their notice of intent to defend. Currently, I am drafting a subpoena to compel the production of records and the testimony of the defendant's authorized personnel.

I will keep you updated on the process and the outcome.

The Litigator

  • Valued Member
  • Posts: 963
  • So, sue me.
Re: TCPA and your local Small Claim Court
« Reply #3 on: April 25, 2012 09:05:22 PM »
I will keep you updated on the process and the outcome.

Please do!
I am not an attorney. Whatever I say is from personal experience.

I would like to thank all the predatory big banks that made it possible for me to be denied a mortgage for my family.

usofa

  • Valued Member
  • Posts: 391
Re: TCPA and your local Small Claim Court
« Reply #4 on: April 27, 2012 07:02:54 AM »
I have sued for TCPA in Small Claims on multiple occasions.  Only one went to Small Claims.  2 were removed to Federal Court, which was what I wanted in the first place.  3 Settled before any action in Court.  One went all the way to Small Claims Court. In Missouri, where I lived at the time, there was no discovery permitted.  I had copies of cell records and that was all i needed. 

The other party did not send an attorney, but an officer of the company for the "trial". That was informal and the judge asked most of the questions.  The Defendant admitted they made the calls with an autodialer. Judge was going to give them the benefit of the doubt that they did not know they were calling a cell phone, but I pointed out the law and then he took the case "under advisement". About a week later, I received a judgment in the mail against the Defendant for $1000.


The Litigator

  • Valued Member
  • Posts: 963
  • So, sue me.
Re: TCPA and your local Small Claim Court
« Reply #5 on: April 27, 2012 12:18:26 PM »
I had copies of cell records and that was all i needed.

Were they certified copies?
I am not an attorney. Whatever I say is from personal experience.

I would like to thank all the predatory big banks that made it possible for me to be denied a mortgage for my family.

usofa

  • Valued Member
  • Posts: 391
Re: TCPA and your local Small Claim Court
« Reply #6 on: May 02, 2012 02:40:37 PM »
No. In Missouri, the rules of evidence don't apply in small claims.