Credence Resource Management Sued for Failing to Stop Robocalls

Credence Resource Management LLC is facing a proposed Telephone Consumer Protection Act (TCPA) class action lawsuit, from a woman who claims the company failed to stop robocalls placed to her cell phone.

Each of these cell phone robocalls pertained to an outstanding debt that the recipient owed, but she insists she has never done business with Credence.

California plaintiff Teresa G. started receiving the unwanted cell phone robocalls between Sept. 04, 2015 to Sept. 10, 2015. Each of these calls pertained to a debt Teresa owed, which were allegedly dialed using an automated dialing systems. These robocalls were made daily, and had left charges to Teresa’s cell phone bill.

According to Teresa, she had never conducted business with Credence and had never given consent to these cell phone robocalls. Whenever she had answer these calls, an artificial or prerecorded voice had been on the caller’s end indicating that an automated dialing system had been used.

What is a Robocall?

Teresa’s allegations have become almost commonplace in the legal world, as many consumers ask themselves: what is a robocall and does it qualify for a TCPA violation?

Robocalls are calls made by automated dialing systems, which are used to dial or look up phone numbers and place the calls. Oftentimes a prerecorded or artificial voice responds when the recipient enters, ad then describes the purpose of the call.

Due to the rising number of consumer complaints, the federal government had passed the TCPA in 1991 to help stop robocalls from plaguing households. Not only does the TCPA define what is a robocall, it is meant to help protect the privacy of consumers, and to stop robocalls from occurring.

The TCPA prohibits unwanted texts or faxes from businesses, unless if they receive consent from the consumer prior to the messages. Additionally, under TCPA law, businesses can not make these calls outside of 8am to 9pm, and also requires companies adhere to a do-not-call registry.

How to Stop Robocalls

One of the key factors to stop robocalls has been requiring companies to have a live representative identify themselves and the companies they work for. Upon this rule, companies must register a recipient on their do-not-call registry and not call them for up to five years.

Any willful violation of the TCPA can be as much as $1500, with negligible offenses up to $500 per violation. Even though these fees may seem insignificant to major companies, these fines can pile up and evolve into a potential class action suit like Teresa’s.

Credence is one of many companies who have violated the TCPA for failing to stop robocalls from being sent, and for failing to obtain consent from Teresa.

Teresa is filing legal action against Credence for allegedly violating the TCPA, and is seeking class action certification.

This TCPA Class Action Lawsuit is Teresa G. v. Credence Resource Management, LLC, Case No. 2:2016cv01256, in the U.S. District Court of Central 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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