TCPA has been undermined big time by the decision in ACA International v. FCC
Basically the FCC made it extremely easy for caller violators to claim they are not using an ATDS. Some courts still use the old FCC orders, where almost any device qualified as an ATDS, but they are the exception and not the rule and a lot of cases now are relying on the above opinion and ruling in favor of robocallers.
The Arbitration clause #2 stated that "We will not require you to arbitrate any individual case in small claims court or your states equivalent court.......... so the plaintiff attorney argued small claims exemption. I stated although the language is ambiguous at best #1 states "you or we" and that the language of #2 glaringly only says "We" so that leaves it open that "you" us the plaintiff can still file for arbitration. Judge was about to side and deny MTC, I could tell by look he gave me. And when I filled MTC I sent court paper stating we would use AAA, and I sent attorney paperwork which was my original which said JAMS. I decided to change after reading more here. But I didnt go back and change form I already had in envelope for attorney. So the attorney also argued as judge was about to rule, stating beside the paperwork we have states JAMS and the paperwork you have your honor states AAA ,,,so which is it. And your honor the the filing is asking for a dismissal. I spoke up and said we would be happy to use which arb company plaintiff wants, and your honor we asked for dismissal or stay until arb complete. The judge looked at plaintiff attorney and he said either is fine and if its stayed thats fine. Judge said motion granted.
I have been helping my wife being sued in Texas small claims, by JDB. We won the MTC with help from the Attorney representing JDB, yay. Anyway, I have read the threads on filing and how too, and strategies. My problem, its been so long ago since they were calling I don't remember any violations in there calling. So should I go back through phone records? She has another JDB that I know has violations such as calling family and friends after told not too. But what should I be looking for to try find any violations for my AAA filing. I'm a little stuck here, as to having any legit violations. I know from the great "Cheese" I can amend this filing down the road but would like to be prepared. Any direction and help would be great. How much proof must I show to support these violations?
Its simple..If they havent filed suit call them and make them an offer..say 50% of amount...say 500.00 ..Then ask them to set it up on 12 month payment plan. They would rather get something than have to play ring-around - the rosie. Try to stay in contact with them through out this situation. If you dont that become harder to work with and i know this from first hand experience.