Lawsuit Against Seterus, Inc. Which Sought to Stop Autodialed Debt Collection Calls Made to Consumer Cell Phones Without Prior Express Written Consent DISMISSED
NOTE: The below-described action against Seterus (Corrigan v. Seterus, Inc., 3:17-cv-02348-RDM) was voluntarily dismissed by both parties via a “Stipulation of Dismissal” signed by both parties on May 10, 2018. The “Stipulation of Dismissal” did not indicate whether a settlement was reached, but merely that Plaintiff’s individual claims against Defendant Seterus, Inc. were dismissed with prejudice, and the claims of the putative class were dismissed without prejudice. The presiding federal judge signed an Order closing the action on May 11, 2018.
On December 19, 2017, a Telephone Consumer Protection Act (“TCPA”) class action lawsuit was filed against Seterus, Inc. in United States District Court, Eastern District of Pennsylvania, “. . . to stop [Seterus’s] practice of making autodialed calls to consumers’ cell phones nationwide without first obtaining their prior express written consent and to obtain redress for all persons injured by its conduct.” [Emphasis added]
Seterus claims it is “one of the nation’s leading specialty loan servicing companies.” According to the TCPA class action complaint, Seterus “made repeat autodialed calls” to the Plaintiff and other putative class members in an effort to collect a debt and “[w]orse yet, . . . Seterus made these autodialed calls to the cell phone numbers of individuals who owed no debt to Seterus whatsoever and who were not delinquent on any of their loan, all in violation of the Telephone Consumer Protection Act . . ..” [Emphasis added]
The class action complaint alleged that Seterus made autodialed debt collection calls “despite the fact that neither Plaintiff nor the putative members of the Class ever provided Seterus with their prior express written consent to be called.” Seterus, allegedly, caused actual harm to the Plaintiff and class members, “including the aggravation and nuisance that necessarily accompanies the receipt of such calls.” [Emphasis added]
The class action seeks injunctive relief to stop to stop Seterus from “all autodialed calling activities to consumers’ cell phone[s] without first obtaining prior express written consent, as well as an award of statutory damages to the members of the Class under the TCPA . . ..” [Emphasis added]
TCPA Autodialed Debt Collection Calls – Common Factual Allegations in the Complaint
Common factual allegations against Seterus detailed in the class action complaint:
-Seterus has placed calls for the purpose of debt collection from thousands of consumers.
-Seterus placed and continues to place repeated, harassing autodialed calls to consumer cell phones without prior consumer express consent to be called.
-The most serious types of autodialed calls by Seterus are calls to consumers who, in fact, have no debt to Seterus and not delinquent on any of their loans.
-An individual may start receiving autodialed calls due to Seterus’s skip tracing, which indicates the person called has some connection to the true debtor – connections which could include one being, for example, a relative or roommate, as well as cellular telephone numbers no longer used by the debtor.
TCPA Autodialed Debt Collection Calls – Plaintiff’s Facts
-In or around August 2017, Plaintiff began receiving autodialed calls to Plaintiff’s cell phone from (866) 570-5277 about attempted collection of unpaid mortgage payments related to her daughter.
-Plaintiff, when answering, noticed a slight pause (indicative of an automatic telephone dialing system) before Plaintiff was connected to a live agent.
-Plaintiff requested Seterus cease making calls to Plaintiff’s cell phone, in addition to explaining that the caller was contacting the wrong person.
-Seterus called Plaintiff’s cell phone at least 25 more times, and Plaintiff never conducted business with Seterus, is not delinquent on her mortgage, and has never provided prior express consent to be called.
The Seterus Autodialed Debt Collection Class
The class action was brought on behalf of all individuals in the United States who received a telephone call on their cell phone from or on behalf of Defendant between four (4) years prior to the filling of the class action complaint through the present for which Seterus had no record of prior express written consent to make such telephone call.
Have You Received Unsolicited or Unwanted Telemarketing Calls, Autodialed Calls, Robocalls or Text Messages?
If you have received unwanted, unsolicited or harassing telemarketing calls, autodial calls, robocalls or text messages and would like to speak privately with an attorney to learn more about your potential legal rights, please complete the form to the right or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected]; John Kehoe, Esq., (215) 792-6676, Ext. 801, [email protected]; or send an e-mail to [email protected].