Amanda Antell  |  October 27, 2016

Category: Consumer News

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TCPA-violation-phoneI.C. System is facing a cell phone lawsuit from a Michigan man, alleging the company had illegally contacted him over an allegedly owed debt.

The claimant states that he never gave the company permission to contact him, and that the alleged debt was owed by someone else.

Plaintiff Dennis B. is filing this cell phone lawsuit against the I.C. System, stating he had no prior relationship with the company and they had no reason to contact him.

According to the cell phone lawsuit, the company had stated calling Dennis in the spring of 2016 to collect on a debt reportedly owed by someone other than the claimant.

The cell phone lawsuit indicates the debt had been allegedly incurred due to household and personal expenses.

As a debt collection company, I.C. System regularly uses different communication methods to collect or consumer debts owed or due.

Even so, I.C. System and other debt collection agencies are prohibited from using abusive and intimidating tactics when collecting debts. I.C. System and other companies are also prohibited from using automated dialing systems to look up or randomly dial phone numbers to place calls to consumers.

Companies placing these calls must have a live representative be able to identify themselves and the companies they work for.

Overview of TCPA Policy and Violations

These rules and regulations are described under the country’s federal Telephone Consumer Protection Act (TCPA), which was enacted in the early 1990s to protect consumers against aggressive telemarketing.

Under the TCPA, companies are prohibited from calling or texting consumers for solidification purposes and can only make these communications if they get express consent from the consumer beforehand.

In addition, the TCPA also requires companies to place consumers on a do-not-call registry that must be honored for the next five years.

Furthermore, the TCPA also requires companies to only place these calls during certain hours of the day as to not inconvenience consumers any more than necessary.

The cell phone lawsuit alleges that I.C. System had violated nearly every one of these provisions, including ignoring Dennis’ requests to stop calling him.

Dennis had also tried to explain that he was not the person I.C. System was trying to call, and that there had been no previous relationship between him and the company.

Dennis is filing this cell phone lawsuit seeking damages for TCPA and other federal communication violations, along with emotional distress and other related damages.

Fines for these violations can range between $500 to $1500 per charge, depending on whether or not willful intent can be proven.

This TCPA Cell Phone Lawsuit is Case No. 2:16-cv-13568, in the U.S. District Court for the District of Eastern Michigan, Southern 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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