In an IC System TCPA lawsuit, an Illinois consumer is suing the debt collector for alleged violations of the federal Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act (FDCPA).
The complaint alleges that IC System Inc. “negligently, knowingly, and/or willfully placed automated calls” to the plaintiff’s cell phone.
Plaintiff Lisa B. filed the IC System TCPA lawsuit alleging that IC System repeatedly called her cell phone using an automated telephone dialer system in an attempt to collect an alleged debt.
Moreover, even though Lisa asked IC System to stop calling, they continued to do so. Lisa also says never provided her prior express consent to receive these unwanted robocalls from IC System.
Lisa holds IC System responsible because the debt collection agency allegedly used an automatic telephone dialing system to contact her despite her requests to stop calling her and for calling her multiple times a day – a violation of the TCPA.
She is requesting a trial by jury and seeks actual damages, statutory damages, all legal fees and any other relief as the court deems just.
Common TCPA Violations
Unfortunately, Lisa’s IC System TCPA lawsuit presents an all too common scenario when it comes to TCPA violations.
However, the Telephone Consumer Protection Act affords protection in the form of legal recourse for individuals like Lisa who are allegedly harassed by these unwanted phone calls.
Under the TCPA, businesses, including debt collectors are specifically prohibited from using an automatic telephone dialing system or autodialer to call people.
An autodialer is any type of equipment or computer software that dials phone numbers without human intervention. Even if a live person is on the other end of an unwanted call you receive, it is possible that the call was made using an autodialer.
If you pick up the phone and are greeted by a pre-recorded message, the call was almost certainly made using an autodialer. In addition, calls made using autodialers frequently result in hang-ups or lengthy periods of “dead air” before a live person comes on the line.
If you receive a robocall from a debt collector or telemarketer on your cellphone, and you never gave them express written consent (in the form of a written or electronic signature) to contact you, this too is a violation of the TCPA.
If you told a telemarketer or debt collector that they had the wrong number, and they continue to contact you, this is a violation as well.
Furthermore, regardless of whether a debt collector or telemarketer talks to the recipient or leaves a voicemail, he or she must provide an option for the recipient to opt out of the calls.
When answering a call, this option must be given at the beginning of the message, and when leaving voicemails, telemarketers must provide toll-free call-back numbers so that recipients can add their phone numbers to a do-not-call list.
Robocallers must also provide their identities, phone numbers, and addresses. If they fail to do any of the above, they are in violation of the TCPA and may be subject to litigation.
Filing a IC System TCPA Lawsuit
Current TCPA regulations prohibit businesses, like IC System, from making automated, pre-recorded calls without written consent from those on the receiving end.
The law permits any “person or entity” to bring an action to enjoin violations of the statute and/or recover actual damages or statutory damages ranging from $500 to $1,500 per violation.
If you receive unwanted calls or messages from a debt collector such as IC System or telemarketers, an experienced TCPA attorney may be able to help you file a claim for compensation.
The IC System TCPA Lawsuit is Case No. 1:16-cv-09354, in the U.S. District Court for the Northern District of Illinois.
Join a Free TCPA Class Action Lawsuit Investigation
If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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