Credence Management Resource Hit With Lawsuit Over Robocalls

A Georgia woman filed a TCPA lawsuit against Credence Management Resource alleging she received harassing cell phone calls in connection with debt collection intended for another person.

Plaintiff Annette G. filed the Credence Management Resource TCPA lawsuit alleging the company placed at least 40 harassing robo calls, autodialed calls, and/or calls with pre-recorded and/or artificial voice messages to her cell phone intended for another person with a similar name from Aug. 1 to the time of filing this lawsuit.

Annette claims that since July 2015 she has been and continues to be bombarded this day with unwanted debt collection robo calls to her cell phone from Credence Management Resource. These calls have continued even after she demanded the robo calls to her cell phone stop on July 30, informing the company that they had the wrong phone number and that she was not the person they were seeking.

She is filing this TCPA lawsuit against Credence Management Resource for its alleged harassing debt collection practices on numerous occasions and for not adhering to her revoked express consent for the robo calls. Annette is seeking damages in excess of$75,000 exclusive of interest and court costs. She has demanded a jury trial for this case.

TCPA Law

The Telephone Consumer Protection Act (TCPA) is the main federal law that seeks to curb unsolicited phone calls using an automatic telephone dialing system.  It was enacted to prevent companies from invading an individual’s privacy and prevent abusive robo calls or intrusive, unwanted telephone calls.

According to the Federal Communications Commission (FCC), “Unwanted call and texts are the number one complaint to the FCC.  There are thousands of complaints to the FCC every month on both telemarketing and robo calls.  The FCC received more than 215,000 TCPA complaints in 2014”.

Robo calls, often referred to as ATDS or automatic telephone dialing systems, are programs many companies like Credence Management Resource use to store or produce numbers to be called, using a random or sequential number generator, including a predictive dialer, artificial or prerecorded voice to dial numbers.  A tell-tale sign that a company is using an autodialer is answering a call only to hear a recording, music and then being placed on hold before a live person comes on the line.

Most robo calls are banned unless (1) you previously gave consent to receive the call or (2) the call is sent for emergency purposes. This ban applies even if you have not placed your phone number on the national Do Not Call list of numbers telemarketers must not call.

This means that federal law protects you from telemarketing harassment by debt collection companies like Credence Management Resource and other telemarketers. TCPA law specifically states that each unsolicited phone call carries a penalty of $500 to $1,500 per call. Many of these calls are unwanted and unsolicited by the recipient.

TCPA Lawsuits

The TCPA was enacted in 1991 to protect consumers against solicitors and telemarketers (for both debt collection and telemarketing purposes).  If you have received or are receiving unsolicited robo calls or texts, you may be eligible for compensation under TCPA law and an experienced consumer protection attorney can explain your legal rights.

The Credence Management Resource TCPA lawsuit is Case No. 4:15-cv-203-CDL, in the U.S. District Court for the Middle District of Georgia, Columbus Division.

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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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