A new lawsuit was filed by plaintiff Ashok A. against Portfolio Recovery Associates, LLC, on September 22, 2017, in U.S. District Court, Northern District of Illinois, Eastern Division.
This Portfolio Recovery lawsuit is an individual legal action that accuses the defendant of violating aspects of the Telephone Consumer Protection Act (TCPA). The plaintiff is a resident of the state of Illinois and the accused corporation does business there as well.
The defendants were involved in a class action TCPA Portfolio Recovery lawsuit that was settled in late January 2017. The plaintiff chose to be excluded from the class settlement per a letter he sent on March 1, 2016.
Ashok A. alleges that he wanted to pursue his own action because collection calls received at his cell number beginning in the year 2010 have been a constant source of irritation.
According to the complaint, those calls have invaded his space and all attempts to get them to stop have been to no avail. He argues that they have caused him mental anguish and affected his overall physical and emotional wellbeing, interrupting his enjoyment of life and ability to earn a living.
Ashok A. accuses the defendants of one count of violating the TCPA in his Portfolio Recovery lawsuit. He states that the violation is primarily that of using automated telephone dialing systems (ATDS) in a constant effort to reach a person to whom the cell phone number he holds doesn’t belong. Ashok says the callers are trying to get in touch with an Elizabeth Adams.
According to the narrative of Ashok A.’s Portfolio Recovery lawsuit, he states that he has been called from six different lines all identified as belonging to the defendant. The plaintiff says he has been called from these numbers no fewer than ten times from the years 2013 to 2015, but likely more often than that.
On one occasion, he picked up the incoming call and the caller asked for an Elizabeth Adams. His response was to ask the name of the caller and for whom he was calling. The caller identified himself as a Preston from Portfolio Recovery Associates, LLC. The plaintiff told the caller that he had the wrong number and ended the call promptly.
There was, according to the plaintiff’s word, at least one occasion in which his cell phone’s voicemail picked up one of the phone calls and the ATDS failed to detect voicemail and left a “dead air” message.
The plaintiff in this Portfolio Recovery lawsuit, alleges a violation of the TCPA because the use of predictive dialers and other ATDS are a clear violation of this law.
According to the legal documentation, the defendant violated a provision of the TCPA that states that it is illegal to call someone in the U.S., other than in an emergency, using an ATDS without getting permission first. This is especially true if calling a telephone line such as a cell phone number in which the recipient must pay for the call time.
The plaintiff is asking for statutory damages in the amount of $500-$1500 per violation and any excess as may be determined to be appropriate to the situation. He asks for an injunction that prohibits the defendants from continuing their behavior of using ATDS to call him now and into the future. He also hopes for the return of any court costs and attorney’s fees.
The Portfolio Recovery Lawsuit is Case No. 1:17-cv-06851 in U.S. District Court for the Northern District of Illinois, Eastern Division.
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2 thoughts onTCPA Portfolio Recovery Lawsuit Filed in U.S. District Court
Good for him for opting out of the original class action! I didn’t know about it before the deadline, but for the past few years I’ve dealt with portfolio Recovery calling for someone else. They’ve called from about 6 different numbers and interrupted my sleep. I also received dead air voicemails not just from them, but also amex left 3 dead air voicemails per day for a two weeks isn’t that completely illegal??? What the hell they were literally sometimes close to 2 minutes long of just silence until you hear a beep and it ends. such bs.
BEEN STUCK IN SAN FRISCO WITH TCPA FIRST LAWSUIT AND HAD RECORDING BUT WAS NOT ALLOWED TO USE LUMPED IN WTH CATTLE AND WHEN SETTLEMENT WAS IN GRASP THE APPEALS JUDGE YANKS PEACE MIND AND FAIRNESS OUT FREAKING FOR THE THESE BOBBLE MEISTERS WHICH I HAD BUFFET AND OTHER CEOS PHONES TP BLOW UP AND RUIN LIFES THE SAME WAY THEY DO OUR:( IS JUDGE BOUGHT BUY BIG BUSINESS AS DISABLED VETERAN WHO SERVED MY COUNTRY IN WHEEL CHAIR I SPIT IN HIS INTEGRITY OF FAIR PLAY)