April 3, 2013:
The Law Offices of Joshua N. Garick, P.C., together with a team of local and national counsel, filed a putative class action lawsuit against Green Tree Servicing, LLC in the United States District Court for the District of Massachusetts. The Complaint alleges that Green Tree, one of the nation’s largest mortgage loan servicers and debt collectors, violated the Telephone Consumer Protection Act, 47 U.S.C., § 227, et seq. (“TCPA”) by making numerous unauthorized phone calls with the aid of an autodialer. The Complaint alleges that Green Tree telephoned the plaintiff’s cellular phone at least 100 times about a debt he did not owe. The Complaint seeks damages on behalf of the plaintiff and all others who have been similarly harmed throughout the United States.
Grugnale v. Green Tree Servicing, LLC
United States District Court (D. Mass)
Civil Action No. 1:13-cv-10763-MLW
The TCPA states: “It shall be unlawful for any person within the United States . . . to make any call . . . using any automatic telephone dialing system or an artificial or prerecorded voice – to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call.” 47 U.S.C., § 227(b)(1)(A)(iii). For each violation, a defendant is liable for a minimum of $500.00 for each call.
The TCPA is one of many laws available to a consumer to protect them from the overreach of an aggressive debt collector. Other consumer laws that protect against unfair and deceptive conduct include the Fair Debt Collections Practices Act, 15 U.S.C., § 1692, et seq., the Truth in Lending Act, 15 U.S.C., 1601, et seq., and state laws such as the Massachusetts Consumer Protection Act, G. L. c. 93A, § 1, et seq. The Law Offices of Joshua N. Garick, P.C. is committed to representing consumers who have been harassed, annoyed, or mislead by unscrupulous businesses and debt collectors.
