Certification Denied in Honda Debt Collection TCPA Class Action Lawsuit

Certification Denied in Honda Debt Collection TCPA Class Action Lawsuit

By John Curran

A recent decision by a federal judge indicated a problem that at least one man had in trying to get class action certification in a Telephone Consumer Protection Act (TCPA) case against a Honda debt collector. Oddly, his lack of payment to his mobile service provider was part of the problem.

District Judge Virginia Kendall said that because it is unclear whether or not plaintiff Kofi Jamison paid the bill for his cell phone, his request for $16,000 in damages against American Honda Finance Corporation and First Credit Services could not proceed. While other plaintiffs may eventually bring similar TCPA class action lawsuits against the companies, Jamison was not a suitable lead plaintiff, Kendall decided.

In addition, she said that his testimony was likely to be impeached because he had already been convicted of a felony regarding access device fraud, or identity theft in some cases. That would cast doubt on his case even with the help of a TCPA lawsuit attorney and as to whether or not he actually suffered damages as a result of actions from Honda and First Credit Services.

Still, the actions alleged against the two companies could be valid violations of the Telephone Consumer Protection Act. Jamison argued that his sister had failed to make payments on a car loan, and that he received unsolicited calls to his cell phone regarding her late payments when he should have never been the recipient. Other companies who operate in the bill collection sector have faced similar complaints and subsequent TCPA class action lawsuits.

Even without the fraud conviction, however, the inability of Jamison to prove he had paid the bill led to his class action lawsuit against American Honda Finance being thrown out. It seems simple, but someone who alleges that a company should not have contacted them may need to prove that there were financial damages as well.

However, other class action lawsuits over unsolicited debt collector phone calls have moved forward with more success. People who have been contacted by a debt collector on their cell phone may have a legal claim to cite the TCPA and file a complaint. Learn more about this option at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation.

Violating the TCPA is a serious problem and many people are not aware that in addition to federal penalties, they can also receive payments from companies who either settle or who have been proved to have illegally contacted people. A free legal consultation is available at the investigation, so get started today.

Updated April 15th, 2013

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