Joanna Szabo  |  September 22, 2019

Category: Legal News

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Consumers harassed by unsolicitied autodialers may be able to file a robocall lawsuit.

The National Law Review reports that jurors in a recent robocall lawsuit sided with the plaintiffs, resulting in a $267 million judgment against a debt collection agency.

The jury reportedly found that California-based Rash Curtis & Associates was liable for placing more than 500,000 unsolicited robocalls to consumers using a number of autodialers. The jury trial ended in May after the jury sided with the plaintiffs, along with a class of consumers in a similar situation.

According to the robocall lawsuit, Rash Curtis & Associates contacted consumers via robocall without their prior express consent, a violation of the Telephone Consumer Protection Act (TCPA).

The jury found that the debt collection company made more than 534,000 such unsolicited robocalls.

The lawsuit, filed in June 2016, alleged that Rash Curtis used “repeated robocalls, prerecorded voice messages and autodialed calls to threaten and harass consumers in an attempt to collect” consumer debts. Along with the TCPA claims, the plaintiffs also brought claims under the federal Fair Debt Collection Practices Act and California’s Rosenthal Fair Debt Collection Practices Act, which both prohibit abusive, deceptive, and unfair debt collection practices.

While Rash Curtis is based in California, class members included people across the country who had been contacted by the debt collection agency.

Though the trial concluded in May, it wasn’t until earlier this month that U.S. District Judge Yvonne Gonzales Rogers entered her judgment that Rash Curtis should pay class members the $500 TCPA award for each robocall received, bringing the total award to $267 million, which is the amount sought at trial. Separately, the lead plaintiff has been awarded $7,000 for the calls he received.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) was passed by Congress in 1991 and is designed to protect consumers from unwanted solicitation that uses technology. Of course, a lot of technology has changed drastically since 1991, so the TCPA has shifted to accommodate new and emerging technologies employed by telemarketers and businesses. Now, according to the Federal Communications Commission (FTC), the TCPA includes regulations on things like robocalls, texts, and more. The FTC is currently working with a number of states to eliminate robocalls altogether.

Reporting a TCPA violation doesn’t just help enforce these regulations,  it can also provide consumers with an award of between $500 and $1,500 per individual violation. TCPA violations that are committed negligently incur a $500 fine, but those that are made willfully incur treble damages, or a $1,500 fine.

Filing a Robocall Lawsuit

If you have been hit with unwanted robocalls or other violations of the TCPA, you may be able to file a robocall lawsuit and pursue compensation. Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

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.

Get a Free Case Evaluation Now

This article is not legal advice. It is presented
for informational purposes only.

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30 thoughts onVerdict: Debt Collection Agency to Pay $267 Million in Robocall Lawsuit

  1. Patricia Jean Deisher says:

    Add me. I receive robocalls at least every day on my cell phone. Very annoying.

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    1. Shyneece A says:

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  8. gina palozzola says:

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