TCPA 227
I. INTRODUCTION
1. This is an action for damages brought by an individual consumer for violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (hereinafter “TCPA”).
2. The TCPA broadly prohibits any person from placing calls and text messages using an automated telephone dialing system or artificial or prerecorded voice to a cellular phone.
3. Defendant harassed Plaintiff with repeated autodialed collection calls to Plaintiff’s cell phone, in violation of the TCPA.
II. JURISDICTION AND VENUE
4. This Court has federal question subject matter jurisdiction over Plaintiff’s TCPA claims pursuant to 28 U.S.C. § 1331; Mims v. Arrow Fin. Ser., Inc., 132 S.Ct. 740 (2012).
5. Venue in this Court is proper in that Plaintiff resides here, …show more content…
Notwithstanding Plaintiff’s instructions, Defendant continued to place prohibited calls to Plaintiff’s cell phone without her prior express consent.
20. Defendant willfully placed these auto-dialed calls to Plaintiff without Plaintiff’s consent.
COUNT I – TELEPHONE CONSUMER PROTECTION ACT
21. Plaintiff repeats the allegations contained above as if the same were here set forth at length.
22. Defendant has violated the TCPA, 47 U.S.C. § 227 et seq., and its implementing Regulation at 47 C.F.R. § 64.1200 et seq., by making any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice to any telephone number assigned to a cellular telephone service. 47 U.S.C. § 227(b)(1)(A)(iii).
23. Plaintiff is entitled, under the TCPA, to statutory damages of not less than $500.00 nor more than $1,500.00 for each autodialed or artificial/pre-recorded telephone call to her cellular phone.
WHEREFORE, Plaintiff respectfully requests that judgment be entered against Defendant Wells Fargo, N.A. for the following:
(a) Statutory damages for each call, pursuant to the TCPA;
(b) A declaration that Defendant’s calls violate the
1. This is an action for damages brought by an individual consumer for violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (hereinafter “TCPA”).
2. The TCPA broadly prohibits any person from placing calls and text messages using an automated telephone dialing system or artificial or prerecorded voice to a cellular phone.
3. Defendant harassed Plaintiff with repeated autodialed collection calls to Plaintiff’s cell phone, in violation of the TCPA.
II. JURISDICTION AND VENUE
4. This Court has federal question subject matter jurisdiction over Plaintiff’s TCPA claims pursuant to 28 U.S.C. § 1331; Mims v. Arrow Fin. Ser., Inc., 132 S.Ct. 740 (2012).
5. Venue in this Court is proper in that Plaintiff resides here, …show more content…
Notwithstanding Plaintiff’s instructions, Defendant continued to place prohibited calls to Plaintiff’s cell phone without her prior express consent.
20. Defendant willfully placed these auto-dialed calls to Plaintiff without Plaintiff’s consent.
COUNT I – TELEPHONE CONSUMER PROTECTION ACT
21. Plaintiff repeats the allegations contained above as if the same were here set forth at length.
22. Defendant has violated the TCPA, 47 U.S.C. § 227 et seq., and its implementing Regulation at 47 C.F.R. § 64.1200 et seq., by making any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice to any telephone number assigned to a cellular telephone service. 47 U.S.C. § 227(b)(1)(A)(iii).
23. Plaintiff is entitled, under the TCPA, to statutory damages of not less than $500.00 nor more than $1,500.00 for each autodialed or artificial/pre-recorded telephone call to her cellular phone.
WHEREFORE, Plaintiff respectfully requests that judgment be entered against Defendant Wells Fargo, N.A. for the following:
(a) Statutory damages for each call, pursuant to the TCPA;
(b) A declaration that Defendant’s calls violate the