Alleged Unsolicited Debt Collection Call Despite Discharged Debt

Alleged Unsolicited Debt Collection Call Despite Discharged Debt

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Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
CMRE Financial Services, Inc.

Class action lawsuit filed on March 13, 2020 in United States District Court, Southern District of California, against CMRE Financial Services, Inc.

According to the class action complaint, the Plaintiff “incurred financial obligations” to Rady Children’s Hospital sometime before June 5, 2019.  The Plaintiff’s debts, however, including the debt to Rady’s Children’s Hospital, were, allegedly, discharged in approximately December of 2018. Thus, after December 2018, the Plaintiff, according to the complaint, neither had an account nor an existing debt with the hospital.

Despite the discharge of Plaintiff’s debts, the discharged debt to Rady Children’s Hospital, allegedly, “was assigned, placed, or otherwise transferred to [CMRE Financial Services] for collection purposes,” and “[o]n or around June 5, 2019 . . . [CMRE Financial Services] called Plaintiff’s cellular telephone from . . . (800) 783-9118.”

According to the complaint, when Plaintiff answered Plaintiff’s cell phone, “there was a noticeable delay before Defendant’s representative, agent, or employee joined the call,” and “[d]uring the June 5, 2019 call, [CMRE Financial Services’] representative told Plaintiff that he or she was calling from CMRE.”

The call to Plaintiff, allegedly, was made without “prior express consent to receive calls from an [automated telephone dialing system]”; “was unsolicited and not in response to an inquiry from Plaintiff”; and “was not in connection with any existing debt.”

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.