Midland TCPA Lawsuit Filed by Five Plaintiffs

A group of five plaintiffs has filed a Midland TCPA lawsuit against the credit management company alleging that it violated their personal rights as well as federal and state laws.

General Allegations in the Midland TCPA Lawsuit

The five plaintiffs in this action allege that the credit management company made unsolicited calls to their cell phones in a manner that violated the TCPA, or Telephone Consumer Protection Act.

“Defendant made the unauthorized and illegal calls to Plaintiffs’ cell phones using an automatic telephone dialing system (‘ATDS’) or pre-recorded voice for the purpose of bullying Plaintiffs into paying an allegedly deficient balance. Defendant also called Plaintiffs after they clearly stated they did not wish to be called again,” the TCPA lawsuit reads.

Additionally, the plaintiffs state that Midland’s calls also violated the Fair Debt Collection Practices Act, or FDCPA, a statute passed by Congress to prevent debt collection practices that are harassing, unconscionable and unfair. And the same conduct was alleged to violate the Texas TCPA and DTPA (Deceptive Trade Practices Act) as well.

Plantiff-Specific Allegations in the Midland TCPA Lawsuit

Each of the five plaintiffs detailed their specific interactions with Midland in their TCPA lawsuit.

Plaintiff Paul M. said he received at least 18 calls on his cell phone from Midland since December 2015. Despite asking Midland to stop calling him, he claims, the calls to his cell phone continued.

Plaintiff Maria Luisa C. claims she began receiving calls from Midland beginning in April 2015, and received more than 140 calls from the credit management company. She alleges all the calls were placed using an ATDS and that the company did not stop calling her despite her requests.

Plaintiff Darwin H. Alleges that he received more than 130 calls from Midland that were placed using an ATDS. Darwin alleges that despite multiple requests, Midland continued to call his cell phone.

Plaintiff Robert M. says Midland began calling him in March 2016 and placed at least 26 calls to him on his cell phone, sometimes placing multiple calls within one day. Robert told Midland multiple times to stop calling him, yet the calls continued, according to the Midland TCPA lawsuit.

The final Plaintiff, Kamesha B., said she received more than 31 calls from Midland since May 2015. She claims that these calls continued despite her asking for them to stop, and this constituted an invasion of her privacy.

Details of the TCPA

The TCPA was passed by Congress in 1991 in an attempt to address practices related to consumer privacy in public safety.

The rules under the TCPA prohibit businesses from making telemarketing calls to residential telephones without the prior consent of the recipient using an artificial or prerecorded voice.

Further, the TCPA prohibits making nonemergency calls with an automatic telephone dialing system, also known as ATDS, or by using an artificial or prerecorded voice to a wireless telephone number without the prior consent of the recipient.

Under the TCPA, consumers are granted a private right of action where they can obtain $500 or the actual monetary loss in damages for each violation of the TCPA, whichever is the greater amount.

They may qualify for treble damages (damages for three times the statutory amount) if the violation is found to be willful or knowing. Consumers may also receive injunctive relief under the TCPA.

The establishment of the National Do-Not-Call list was also the result of the TCPA legislation. Businesses are also required to keep an internal do-not-call list of consumers who request not to receive telemarketing calls.

The Midland TCPA Lawsuit is Case No. 5:16-cv-00989, in the U.S. District Court for the Western District of Texas, San Antonio 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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