VICTORY FOR CONSUMERS LOOKING TO STOP UNLAWFUL ROBOCALLS: FEDERAL COURT AWARDS $122,500.00 TO CLIENT BASED ON DEBT COLLECTOR’S VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT WHICH PROHIBITS UNLAWFUL ROBOCALLS
On Dec. 15, 2020, the United States District Court for Southern District of Ohio awarded $122,500.00 to our client for Defendant debt collector’s violations of the Telephone Consumer Protection Act (TCPA). This damages award is one of the largest ever issued by a federal district court to an individual consumer based on a debt collector’s violations of the TCPA. The case is captioned: Ramsey v. Receivables Performance Management, LLC, No. 1:16-cv-01059 (S.D. Ohio).
The TCPA prevents companies such as banks and debt collectors from using an automatic telephone dialing system and/or prerecorded messages to robocall call a consumer’s cell phone without their prior express consent. In the Ramsey case, the debt collector robocalled our client’s cell phone 245 times over the course of about four months without his consent. Both our client and the defendant debt collector moved for summary judgment on the issues of: (1) whether the debt collector’s telephone dialing system constituted an autodialer under the TCPA, and (2) whether the debt collector had our client’s prior express consent to make the robocalls. The federal district court ruled in our client’s favor on both issues, finding the debt collector violated the TCPA for each of the 245 calls it made to our client’s cell phone. Our client will also be entitled to present several additional issues to a jury, including whether (1) he is entitled to triple the $122,500.00 damages award to $367,500.00 based on the debt collector’s “knowing and willful” violations of the TCPA, (2) the debt collector’s owner and CEO is individually liable for his company’s TCPA violations, and (3) the debt collector’s conduct also violated the Ohio Consumer Practices Act, entitling our client to an additional $49,000.00 in statutory damages, plus his attorney’s fees.
American consumers are being hit with nearly 4 billion robocalls per month in 2020, an eye-popping increase of 300% since 2015 (see robocallindex.com). These billions of robocalls are the #1 consumer complaint in our country with literally millions of consumers complaining to the Federal Communications Commission (see https://www.fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts). Unfortunately, for many consumers, the only truly effective way to make these unlawful robocalls stop is to file a lawsuit against the company for violations of the TCPA.
The attorneys at Sadlowski Law LLC handle these and other types of consumer law disputes. Contact us today at (513) 618-6595 for a consultation or send us a confidential message through our website at: www.blueashlawfirm.com