Progressive Management TCPA Lawsuit Claims Wrong Number Calls

A San Diego resident is suing Progressive Management claiming the company continues to harass him by placing unwanted cell phone calls to him in an attempt to collect an alleged debt that does not belong to him.

Plaintiff Peter G. brings this Progressive Management TCPA lawsuit alleging violations of the Telephone Consumer Protection Act along with the Fair Debt Collection Practices Act.

Specifically, Peter contends that Progressive Management, a debt collection company headquartered in West Covina, California, contacted him on numerous occasions in an attempt to collect on a debt that he did not incur.

Peter maintains that he is not the debtor, has no location information regarding the debtor, and has no responsibility for repayment of the debtor’s debt but that Progressive Management continues to call him on his cell phone number in an attempt to collect the debt, knowing they have the wrong person.

In fact, Peter says he explained to the defendant multiple times they are calling the wrong number in regard to this alleged debt.

Furthermore, Peter’s Progressive Management TCPA lawsuit claims that these calls were placed using an automatic telephone dialing system along with a prerecorded voice.

Since he continues to received these annoying and harassing calls, Peter is filing this Progressive Management TCPA lawsuit seeking statutory damages of $500 for each call in violation of the TCPA, along with treble damages for each TCPA violation deemed to be willful.

The TCPA & Debt Collection Calls

The TCPA is designed to protect consumers from receiving calls placed from an automatic telephone dialing system or pre-recorded messages on their cell phone unless the consumer has provided prior express consent (it also covers text message spam). The most common violators of the TCPA are debt collectors, banks and telemarketers.

Under the TCPA, the Federal Communications Commission (FCC) established rules addressing robocalls or unsolicited phone calls by telemarketers and debt collectors in 1991.

The Unwanted Telephone Marketing Calls Guide on the FCC website lists three rules all telemarketers and debt collectors must follow:

Anyone making a telephone solicitation call must provide his or her name, the name of the person or entity on whose behalf the call is being made and a telephone number or address where that person or entity can be contacted

Telephone solicitation calls are prohibited before 8 a.m or after 9 p.m.

Telemarketers must comply immediately with any do-not-call request made during a solicitation call.

TCPA Lawsuits

Many people are under the false impression that TCPA laws do not apply to debt collectors, but the FCC clarified in 2008 that indeed debt collectors fall under the TCPA statute. So for the last several years, many TCPA lawsuits have been filed in order to protect consumer rights against debt collection companies.

If you received an unsolicited phone call or text message spam you may be entitled to $500 up to $1,500 per call or text under the TCPA.

The Progressive Management TCPA Lawsuit is Case No. 3:16-cv-01248-JLS-KSC in the U.S. District Court for the Southern District of California.

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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