Third Circuit Agrees that Plaintiff has Standing to Sue in a Single Call TCPA Case
After receiving an unsolicited telemarketing call from Work Out World, the Plaintiff through Marcus & Zelman, LLC decided to fight back. Consumers are sick and tired of receiving unsolicited phone calls and pre-recorded message. These calls are not only annoying, but they invade on your legally protected right to privacy. Just as the law protects you from being poked or pushed on the street, the Telephone Consumer Protection Act (“TCPA”) protects you against receiving these phone calls. In addition, the TCPA entitles you to up to $1,500 for each phone call that is in violation of the Act.
Ari H. Marcus, Esq. of Marcus & Zelman, LLC has been invited to speak on a panel focusing on the impact of the recent Supreme Court decision in Spokeo v. Robins titled “The Evolution of Standing in Debt Collection: It’s Impact on Litigation and Compliance Practices”, at the American Bar Association Business Law Section Annual Meeting in Boston, MA this September 9, 2016.
Mr. Marcus is honored to be given the opportunity to speak on this evolving area of the law.
Marcus & Zelman wins FDCPA Appeal versus Certified Credit & Collection Bureau
The Plaintiff filed a lawsuit in the Third Circuit against Certified Credit & Collection Bureau (“CCCB”) alleging violations of Fair Debt Collection Practice Act (“FDCPA”). Plaintiff received a collection letter which correctly notified her of her right to dispute the alleged debt in writing. However, the letter continued to state “SHOULD THERE BE ANY DISCREPANCY PLEASE CALL US . . ”
Plaintiff argued that the language notifying her that she can call in if there are any discrepancies, overshadowed her validation rights as it implied that she can call in to legally dispute a debt. The consequences of which is that a consumer can call in to dispute a debt, assume that they properly disputed a debt as per the language in the letter, while the collection agency would not legally have to accept the dispute.
The Defendant filed a motion to dismiss asking the district court to dismiss the case, and prevailed. The Plaintiff, through Marcus & Zelman, LLC, appealed the decision to the Third Circuit Court of Appeals asking them to overturn the lower courts decision. Upon consideration, the Third Circuit agreed and vacated the judgment, sending the case back to the lower court to reconsider.
Marcus & Zelman Win FDCPA case against Computer Credit Inc.
Marcus & Zelman filed a case against Computer Credit, Inc. alleging that the Defendant violated the Fair Debt Collection Practices Act (“FDCPA”) by placing Plaintiff’s account number visible on the envelope a collection letter was mailed in.
Plaintiff alleged that the account number is a piece of information that can identify the Plaintiff as an alleged debtor, and as such, it violates the FDCPA.
The District Court Judge stated “In sum, the Court finds that CCI has violated 1692f(8) of the FDPCA. The Court’s conclusion is consistent with the requirement that remedial legislation such as the FDCPA be construed broadly. (Caprio 709 F.3d at 148 (3d Cir. 2013) (‘As a remedial legislation, the FDCPA must be broadly construed in order to give full effect to Congress’s purposes.’)
Legislator Looks to Expand the FDCPA to Include Government Debt
Did you know that debt collectors who are attempting to collect a government debt, such as parking tickets, are exempt from the FDCPA. That means these debt collectors have carte blanche to lie, cheat, overcharge, deceive, and make false threats without the threat of the consumer being able to sue under the FDCPA.
Thanks to Senators Corey Booker and Mike Lee – a new legislation called Stop Debt Collection Abuse of 2015 has been proposed to close this loophole. Some of the other areas the law covers include:
Confirms debt buyers are also debt collectors under the FDCPA;
Prevents debt collectors from charging consumers exorbitant fees; and
Prevents debt collectors from taking drastic measures against a consumer who only recently went into default.
Marcus & Zelman, LLC obtained a $154,800.00 judgement for robo-dialed calls
Marcus & Zelman, LLC sued Diversified Consultant for a client who was receiving robo-dialed phone calls to her cell after she told them to stop calling. After months of hard work for our client, we recently were able to obtain a judgment in the amount of $154,800.00. Under the Telephone Consumer Protection Act (“TCPA”) no company can call your cell phone using an auto dialer, unless they have your express written consent. Even if they do have your consent, they must stop calling if you tell them to stop. If they do not – you may be entitled to $500-$1,500 per call.
If you are receiving collection calls, telemarketing calls, wrong number calls, from what you perceive as an auto-dialer – call us today.
IC Systems Motion to Dismiss is Denied – New York Journal
The New York Law Journal writes an article regarding our case filed Abramov v. IC Systems in which the Court agrees that we properly plead an allegation upon which relief can be granted and denied Defendant’s Motion to Dismiss. Plaintiff alleged that IC System’s letter left the consumer unsure of his rights to properly dispute the alleged debt.
Under the FDCPA – you are entitled to up to $1,000.00 if a collection agency/law firm violates your rights. If you are receiving collection letters from IC System or any collection agency – contact us today to set up a free consultation.