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Telephone Consumer Protection Act (TCPA) Violation Awards

The in-house CuraDebt Debt Relief Program is designed to help each and every client maximize the benefit of violations that creditors and collectors commit. TCPA violations are in addition to the FDCPA violation protection.

The TCPA law is designed to protect consumers from prerecorded messages, text messages, automated dialers, unsolicited telemarketing calls, and faxes. Businesses, with a focus on creditors and collection agencies, if found guilty to having violated the law, could be forced to compensate for monetary losses for each violation or $500 (whichever is greater). A court also has the option to increase these rewards threefold ($1,500) if the creditor is deemed to have knowingly violated the TCPA law.

The CuraDebt team works on a collective level as well as an individual one.

 

On a collective level, when multiple individuals have had their rights violated, it could warrant a class action lawsuit from the legal team.

The following are examples of class action lawsuits against creditors:


Capital One Financial Corp. (“Capital One”), Capital Management Services, L.P. (“CMS”), AllianceOne Receivables Management Inc. (“AllianceOne”) and Leading Edge Recovery Solutions, LLC (“Leading Edge”) (collectively the “Defendants”) have agreed to pay one of the largest Telephone Consumer Protection Act (“TCPA”) settlement amounts in history. According to the settlement agreement, the Defendants have agreed to pay over $75 million to settle a consolidated TCPA class action. The TCPA class action settlement, which must still be approved by a federal judge, will conclude several class action lawsuits against the Defendants that were filed in the United States District Court for the Northern District of Illinois in December 2012.


In the latest multimillion-dollar Telephone Consumer Protection Act settlement, a debt collection company agreed to pay $18 million to end a consolidated class action in California federal court. Portfolio Recovery Associates, LLC, was accused of making autodialed calls to consumer cell phones without consent over a seven-year period, from December 2006 to July 2013. Multiple lawsuits were filed against the company alleging violations of the TCPA, and the cases were consolidated in California federal court. In 2011 the court entered a preliminary injunction against Portfolio’s continued use of certain dialing equipment to call cell phones and certified a class.


Midland Credit Management Inc. has agreed to pay $15 million in order to settle accusations that the company violated the Telephone Consumer Protection Act (TCPA) by using an automatic telephone dialing system to place repeated debt collection calls to cell phones without prior consent. The Midland Credit Management TCPA class action lawsuit alleges that the creditors negligently or willfully violated the TCPA by using an autodialer to place robocalls to their cell phones. According to the MCM class action lawsuit, at no time did the plaintiffs provide the company or their agents with their cell phone numbers, nor did they consent to any collection calls to be made to their cell phones. The Midland Credit Management class action lawsuit settlement will use the $15 million in order to forgive Class Members of a portion of their unpaid debts or award Class Members with no debt with a one-time cash payout.


 

On an individual level, here are examples from CuraDebt clients.

There are 100’s of cases for TCPA violations being handled by the team at any one time and weekly more and more violations are identified which are then pursued by the legal team with the goal of obtaining debt dismissal and cash awards for clients.

Last Updated Feb. 11, 2017


Client T.H. (initials used to protect identity of client)
Creditor: Due to releases signed on settlement, is confidential.
Result: As a result of TCPA violations, $1,838.58 of the debt was dismissed and client received a cash award of $8,008.39


Client M.M. (initials used to protect identity of client)
Creditor: Due to releases signed on settlement, is confidential.
Result: As a result of TCPA violations, $2,725.97 of the debt was dismissed and client received a cash award of $10,790.81


Client M.S. (initials used to protect identity of client)
Creditor: Due to releases signed on settlement, is confidential.
Result: As a result of TCPA violations, $1,609.41 of the debt was dismissed and client received a cash award of $7,840.59


Client G.I. (initials used to protect identity of client)
Creditor: Due to releases signed on settlement, is confidential.
Result: As a result of TCPA violations, client received a cash award of $7,975.00


Client S.W. (initials used to protect identity of client)
Creditor: Due to releases signed on settlement, is confidential.
Result: As a result of TCPA violations, client received a cash award of $12,000


Client S. & R.W. (initials used to protect identity of client)
Creditor: Due to releases signed on settlement, is confidential.
Result: As a result of TCPA violations, $29,000.39 of the debt was dismissed.


Client R.H. (initials used to protect identity of client)
Creditor: Due to releases signed on settlement, is confidential.
Result: As a result of TCPA violations, $5,300 of the debt was dismissed and client received a cash award of $20,380.


Client S.F. (initials used to protect identity of client)
Creditor: Due to releases signed on settlement, is confidential.
Result: As a result of TCPA violations, $3,539.65 of the debt was dismissed and client received a cash award of $4,260.35


Client F.T. (initials used to protect identity of client)
State: MI
Creditor: Due to releases signed on settlement, is confidential.
Balance On Credit Card When Entered In Program: $5,735.69
Result: As a result of TCPA violations, the debt was dismissed and the client received a check in the amount of $816.00.

In addition, with another creditor, client received a $6,520.15 debt waiver and another cash award of $992.00


Client M.M. (initials used to protect identity of client)
Creditor: Due to releases signed on settlement, is confidential.
State: NY
Result: As a result of TCPA violations, the client received a check in the amount of $300.00.


Client G.I. (initials used to protect identity of client)
State: NY
Creditor: Due to releases signed on settlement, is confidential.
Balance Of Loan When Entered In The Program: $1,476.00
Result: As a result of TCPA violations, the client received a check in the amount of $8,700.00.


 

To maximize results of violations for clients, CuraDebt uses a proprietary creditor call log as well as methods to maximize TCPA violations. Each client is coached on the steps and guided to follow them to identify potential violations.

Note: future results cannot be guaranteed. Not everyone will have violations and not all violations will result in awards. However, CuraDebt does guarantee to do everything possible to maximize violations, continually improving client services guidelines and being at the forefront of what is working. This in conjunction with experienced negotiators results in the absolute best results for clients.

If you are considering a debt relief program, get a free savings estimate and take the first step toward having the peace of mind and the financial stability you deserve.

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