Dell Defending Robocalls Lawsuit

Computer technology corporation, Dell, Inc., is facing allegations of unsolicited and harassing robocalls made in violation of the Telephone Consumer Protection Act (TCPA). The TCPA prohibits companies from employing autodialing systems to make phone calls to cell phones without prior consent. The TCPA also requires companies using telemarketing tactics to maintain and to honor “do not call” lists for those requesting no contact.Plaintiff, Rose Magyar, filed suit against Dell in California, claiming that the company called her cell phone more than 100 times over a six-week period, beginning in October of 2011, regarding her past due account. She also claims Dell left many messages using an “artificial or prerecorded voice.” If her allegations are proven true, Dell may be found in violation of the TCPA, as well as a court-ordered bankruptcy stay for Magyar’s chapter 13 bankruptcy. A bankruptcy stay, also known as an automatic stay, is an automatic injunction that halts actions by creditors with certain exceptions, to collect debts from a debtor who has declared bankruptcy. Under section 362 of the United States Bankruptcy Code, the stay begins at the moment the bankruptcy petition is filed.The class action states that Magyar was charged for each incoming call due to the terms of her cell phone contract. She is seeking actual damages, based on these costs, as well as statutory damages from Dell and a Court order enjoining Dell from the conduct complained of. The TCPA provides for a $500.00 statutory fine per violation of its provisions (a fine which Plaintiff is seeking). If the court finds that Dell willfully or knowingly violated the TCPA, Magyar may receive treble damages of $1,500.00 per violation. With regard to the violation of Magyar’s bankruptcy stay, Dell could be liable for actual damages, and punitive damages, and attorney’s fees and costs, if she is able to show that Dell’s violation was willful. In this case, “willful” would mean that Dell knew the stay was in effect. Magyar need not show ill intent.A Michigan case involving similar allegations by a man who claimed to receive over 56 robocalls, recently settled for $65,000.00. The robocalls, which involved debt collection, were apparently made to the wrong number. The judge awarded the plaintiff $500.00 for each phone call and triple damages for each phone call that occurred after he told them that they had the wrong number.We all know robocalls are out of control these days. Today, consumers receive more robocalls and unsolicited text messages than ever. What is a robocall? If you pick up the phone and hear a recorded message instead of a live person, that’s a robocall. Mike Agruss Law, will aggressively enforce the law to stop robocalls. Not only will we stop the calls and text messages, but you may be entitled to money damages, too. Damages range from $500.00 – $1,500.00 per call or text. Contact us today at 888-572-0176 or at www.WeStopRoboCalls.com for a free consultation.