I didn’t have a chance to write about this Morgan Drexen case the other day but I did discover it when I was writing this story.
At first I thought it wasn’t even worth covering but the more I thought about it the more it seemed like a different type of suit against a debt relief company than we’ve seen in the past.
In this case a Florida consumer is suing over a telephone message left her on her cell phone by Morgan Drexen.
The suit alleges:
- On or about March 2, 2012, Defendant, or another party acting on its behalf, left a message using an automatic telephone dialing system or an artificial or pre-recorded voice on Plaintiff’s cellular telephone.
- Defendant, or another party acting on its behalf, placed other telephone calls using an automatic telephone dialing system or an artificial or prerecorded voice to place other telephone calls to Plaintiff’s cellular telephone.
- None of Defendant telephone calls placed to Plaintiff were for “emergency purposes” as specified in 47 U.S.C § 227 (b)(1)(A).
- Defendant willfully or knowingly violated the TCPA.
It is unfortunate the suit does not identify the nature of the call. It would have been interesting to know if it was an outbound telemarketing call or what the purpose was.
The Telephone Consumer Protection Act does appear to provide a monetary award for each violation of the act. If you would like to read the act in full, here it is – Telephone Consumer Protection Act.
The case was filed by:
DONALD A. YARBROUGH, ESQ.
Attorney for Plaintiff
Post Office Box 11842
Ft. Lauderdale, FL 33339
Telephone: 954-537-2000
don@donyarbrough.com
You can read the complaint here.
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was probably for marketing purposes, if Reed was an existing customer, that would not violate the TCPA. However, I believe Reed is taking a leap that the call was made using an automated dialer.