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Contemplating sending ITS with draft complaint for TCPA violations but have ?s


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First off,  HAPPY HOLIDAYS!  

 

I have a zombie debt, not on any CR and I've gotten over 25 calls to my cell phone and at least 5 calls to my son's cell phone from the JDB.  On one instance that they called my son's cell phone, he gave it to me and I told them they were calling my son's cell phone, which permission was never given, and that was a violation of the TCPA.  The idiot on the other end stated that she was not violating the TCPA because she was was not using an auto dialer.  They have not left any voicemails at all.  

 

The fact is that they skipped traced to get my cell number and my son's cell number, and of this, I'm 100%.  Is this enough in itself to be a TCPA violation based on the issue of non consent alone or must they use an auto dialer in order to violate?  

 

Another thing is that there is a class action filed against them in Florida and there is a Georgia attorney involved handling it for GA I guess.  I'm in Georgia and I have not been contacted regarding the class action and I'm not sure if I will be if the suit states auto dialed and prerecorded messages in it's draft complaint.  Not sure how they find people in a class action.  

 

Lastly, I've talked with my attorney about this and he would also like to file a class action.  I'm pretty sure that I informed him that one existed, not sure how many you can have against the same JDB in the same state but honestly and though I like the guy alot; he has handled two cases for me before with success, his fees are like almost half the settlement after expenses.  That may sound greedy but I'm just thinking that an ITS with a draft complaint, might net me as much as an actual law suit in a fraction of the time.  My plan is that if the ITS does nothing, I will just have my attorney file it.  

 

I've been following one contributor here, LUEser and on other boards and he (or she) really seems to have some knowledge on the subject.  I would really appreciate some feedback on how I should handle. 

 

Many thanks in advance!   

 

 

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@secondchances

 

Is your son's cell phone account in his name or yours?   In the 5 times that they called, how many times did he answer?

 

In my name and he answered at least two that I am know.  I talked to them one of the occasions.  But I just found out that there is a MDL Class action against them and that any individual filings with FDCPA or TCPA violations are going to get wrapped into this one.  The thing is finding out if my particular case meets the class action criteria.  I just joined pacer and wasted a bunch of money viewing the wrong docs.   However in this case, an intent to sue may be the best case scenario.  At this point, what does anyone have to lose?  Can I even do that?  

 

I talked to the paralegal of the attorney that filed the class action in Georgia and because it is so large and now an MDL class action, she said it would be a while before you find out if you are named in the suit.  

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@secondchances

 

Since the account is in your name, they can call it as long as they're not using an autodialer.  If you decide to sue, you'd have to request documents that would prove they use an autodialer and used it to call your cell phones. They'd probably admit to using an autodialer, but they wouldn't admit using it to call you.  That's where their phone records would come in.

 

You can send an intent to sue, but there's no guarantee that they will be intimidated.  Again, if you sue and if they fight, you have to be prepared to request the documentation that would prove your case.

 

Have they left messages on your cell phones?  If so, were the messages from a live person or were they prerecorded messages?

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@secondchances

 

Since the account is in your name, they can call it as long as they're not using an autodialer.  If you decide to sue, you'd have to request documents that would prove they use an autodialer and used it to call your cell phones. They'd probably admit to using an autodialer, but they wouldn't admit using it to call you.  That's where their phone records would come in.

 

You can send an intent to sue, but there's no guarantee that they will be intimidated.  Again, if you sue and if they fight, you have to be prepared to request the documentation that would prove your case.

 

Have they left messages on your cell phones?  If so, were the messages from a live person or were they prerecorded messages?

 

No voicemails at all.  

 

You might be interested in reading this.  http://www.insidearm.com/daily/debt-collection-news/accounts-receivables-management/manually-dialed-calls-to-mobile-phone-held-to-violate-tcpa/

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@secondchances

 

The Court held that because the calls to the Plaintiff were made through the dialer – and despite the human intervention of the individual collector choosing a telephone number and clicking on a screen to prompt the dialer – the Defendant violated the TCPA.

 

 

That references a predictive dialer...technology. 

 

Are you from Wisconsin?  Have you researched the case law in YOUR state courts, federal court, and/or the 7th Circuit Court of Appeals?

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@secondchances

 

The Court held that because the calls to the Plaintiff were made through the dialer – and despite the human intervention of the individual collector choosing a telephone number and clicking on a screen to prompt the dialer – the Defendant violated the TCPA.

 

 

That references a predictive dialer...technology. 

 

Are you from Wisconsin?  Have you researched the case law in YOUR state courts, federal court, and/or the 7th Circuit Court of Appeals?

 

 

Yes I understand that.  How many CA's are picking numbers of a spreadsheet and manually punching them on the phone when they own this technology? 

 

I'm not from Wisconsin, I'm from Georgia.  I've won two TCPA cases in this state so I know a little bit.  If I decide to file a suit pro se, I will certainly research more.  But for the time being, considering the circumstances with the MDL class action against the CA that is harassing me, there is not much I can do at this moment.  I've already contacted the attorney that is handling the class action for my state and I'm waiting to see if he thinks there are any special circumstances that might exclude me from the class action.  If there is, then I will move forward.  

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