Author Topic: TCPA case winnable?  (Read 1514 times)

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backpack

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Re: TCPA case winnable?
« Reply #30 on: July 01, 2017 03:01:39 AM »
Today I did a Google Scholar search on Van Patten because I wanted to learn about how it has been used (cited?).  It has been cited a lot, but mainly for its ruling in granting Van Patten/Plaintiff Article III Standing. I found only a couple instances where it was cited as precedent for the standard of revoking consent. 

flaccito

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Re: TCPA case winnable?
« Reply #31 on: July 01, 2017 03:41:02 PM »
How will that recent 2nd circuit ruling affect this lady's case?

If there's 4000 calls, that's a pretty big amount of potential damages, I imagine the other side will have noticed the 2nd circuit ruling by now and will no doubt bring it up.

brokelady

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Re: TCPA case winnable?
« Reply #32 on: Today at 12:10:07 AM »
We are still waiting.... So far, a retired federal judge has been assigned to be the arbitrator in the case, and has ordered the arbitration to occur in the federal courthouse in my state of OH. The HQ of the credit card company are in NV.

Discovery is still ongoing. My attorney thinks that I have a strong case, and they have found recordings of me telling the creditor to stop calling repeatedly. I even told them on many, many different occasions that they were breaking the law because I had told them they could not contact me via phone and to stop calling me.

Attorney said that there is no set timeline for when the hearing will be, it just depends on discovery process and when arbitrator decides it's time for a hearing.

 

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