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Dish Network LLC is facing a new Telephone Consumer Protection Act (TCPA) lawsuit, from a Florida woman allegedly over discharged debts.
According to the Dish Network TCPA lawsuit, the plaintiff had received several unwanted phone calls over an alleged debt that was had been discharged after she filed for bankruptcy.
Plaintiff Linda M. says she received several calls throughout late 2014 and early 2015.
Linda states that she received these unwanted phone calls over an alleged debt that had been discharged after she filed for bankruptcy.
She also alleges that these calls were made using an automated dialing system and that the company did not have her permission to contact her.
Under the TCPA, companies cannot use an automated dialing system to look up or generate consumers’ phone numbers and must gain express consent before contacting the consumers.
Overview of Dish Network TCPA Lawsuit Allegations
Linda previously incurred a debt under Leavengood, Dauval, and Boyle & Meyer P.A., and eventually was forced to file for bankruptcy.
At the time she filed for bankruptcy, her debt had been managed by the previous parties who had express permission to call her over the debt.
On May 26, 2014, Linda officially filed for bankruptcy. As part of being declared bankrupt, the alleged Dish Network debt she incurred became discharged and she was no longer responsible for it.
By being discharged from the debt, the expressed consent to contact Linda had initially given became invalid, according to her Dish Network TCPA lawsuit.
Other than the alleged cellphone calls being made using an automated dialing system, Linda has also allegedly received a spam email from Dish Network in November 2014.
Even though Linda stated she did not give express consent to the company to contact her, Dish argues that Linda did give her permissions previously when her debt was in control of the other companies.
Linda is filing this Dish Network TCPA lawsuit, seeking multiple counts of violations against the federal policy. Depending on whether or not the TCPA violations are considered willful, the fines can range between $500 to $1,500 per violation.
The Dish Network TCPA Lawsuit is Case No. 16-004737-CI, in the Circuit Court in the Sixth Judicial Court in the Pinellas County, Florida Civil Division.
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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