ABUSED BY AUTOMATED PHONE CALLS?
During the past decade, many businesses — most notably debt collectors — have been using automated telephone systems to communicate with consumers. As a result of increased abuses of consumers, Congress passed the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §227, to curtail the use of automated dialers and prerecorded messages to cell phones without the permission of the consumer. Notwithstanding the passage of the TCPA, many businesses have harassed consumers by placing literally dozens and sometimes hundreds of telephone calls to cell phones.
Fraud Attorney Murphy fights for the rights of consumers abused by automated phone calls.
On May 11, 2012, the United States Court of Appeals for the 7th Circuit issued an opinion in the case of Teresa Soppet v. Enhanced Recovery Company, LLC. In the litigation, the Plaintiffs sued a debt collector attempting to collect a telephone bill from a third party. Plaintiffs sued Defendant for Five Hundred Dollars ($500.00) per telephone call and One Thousand Five Hundred Dollars ($1,500.00) per telephone call if willful.
In response to the lawsuit, Enhanced Recovery Company asserted that it was not liable under the TCPA because it had consent from the party the debt collector intended to call — the actual customer of AT&T. In rejecting the argument of Enhanced Recovery Company, the 7th Circuit recognized that Plaintiffs are entitled to protection under the TCPA as they were the “called party” under the meaning of the TCPA.
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The Law Firm of Robert W. Murphy Consumer Fraud Attorney regularly litigates TCPA cases both on an individual and class basis. During the past several years, we have recovered significant damage awards for successful TCPA litigants. We are currently litigating class actions against debt collectors and creditors for violating the TCPA by placing unlawful automated telephone calls to the cellular phones of consumers.