Cell Phone Robocalls from Midland Credit Management Lead to TCPA Lawsuit

Midland Credit Management is accused in a new lawsuit of making cell phone robocalls that violate the TCPA.

Plaintiff Bryan A. filed this cell phone robocalls lawsuit against defendant Midland Credit Management. He accuses the company of violating the Telephone Consumer Protection Act while making phone calls as a debt collector.

The cell phone robocalls lawsuit says that the defendant violated the TCPA in numerous ways, including contacting the plaintiff’s cellular phone, using a pre-recorded voice.

The plaintiff in the cell phone robocalls lawsuit against Midland Credit Management is seeking a declaratory judgment that the conduct of the defendant violated the TCPA, actual damages of $500 for each violation and an award of three times the amount for which the defendant is determined liable in his case.

TCPA and Cell Phones

The Telephone Consumer Protection Act (TCPA) is a nationwide law designed to protect consumers from being contacted or harassed by any business. Debt collectors are just one type of business that could be accused of violating the TCPA.

Consumers increasingly contacted their legislators and filed complaints about phone calls that used an automatic telephone dialing system or a pre-recorded voice (robocall) to reach out to them. It may be a sign that a business is using an autodialer if a consumer answers the phone and hears a short pause before a human voice comes on the line.

Those consumers who have been negatively affected by cell phone robocalls might repeatedly request that the business attempting to contact them discontinue this behavior, but the use of a pre-recorded or artificial voice that connects on the phone can make it difficult or impossible for a consumer to notify a human representative at the company that they wish for the calls to stop.

Therefore, while the Telephone Consumer Protection Act prohibits businesses from engaging in this type of behavior, it also enables consumers to pursue legal action against companies that have violated the TCPA.

Consumer Protection

The use of an automatic telephone dialing system or a pre-recorded voice can be harassing and annoying. Many of the consumers who have chosen to take legal action as a result of TCPA violations allege that they have asked on numerous occasions for these phone calls to discontinue or have added their numbers to the do-not-call registry and still have been contacted.

Reliance on a personal cell phone has become more popular in recent years, which means that the intrusion of robocalls that violate the TCPA can harm consumers in terms of time and cell phone costs. Many cell phone users also have to deal with unsolicited texts.  And many consumers do not realize their legal rights in these situations.

The TCPA prohibits harassing behaviors that many consumers have found annoying, especially when the calls are repeated and the company won’t stop despite the recipient’s request. Consumers who have been contacted repeatedly with cell phone robocalls are encouraged to take note of the time and nature of the phone calls received, as this information could become key for filing a TCPA claim in the future.

The Cell Phone Robocalls Lawsuit is Case No. 3:18-cv-05980 in the U.S. District Court, Western District of Washington at Tacoma.

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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