New opinion — maybe 69 phone calls over a $25 debt wasn’t such a hot idea

Daubert v. NRA Group — civil / consumer — reversal in part — Fisher

“This case,” today’s Third Circuit’s opinion begins, “— involving tens of thousands of dollars in statutory damages, half a jury trial, and cross-appeals — stems from a debt collector’s pursuit of $25 in unpaid medical bills.” After debt collector called a medical patient’s cellphone 69 times over 10 months (!), he sued them, alleging that they violated the Telephone Consumer Protection Act. He also alleged that the collection letters they sent him violated the Fair Dept Collection Practices Act. The district court granted summary judgment in the plaintiff’s favor on the TCPA claim, but granted judgment as a matter of law in the defendant’s favor on the FDCPA claim. Today, the Third Circuit affirmed on the TCPA but reversed on the FDCPA, handing the debt collector a total defeat.

Joining Fisher were Hardiman and Roth. Arguing counsel were Richard Perr of Fineman Krekstein and Carlo Sabatini of the Sabatini Law Firm. (The caption doesn’t say who represented whom, but their respective practice areas suggest that Perr represented the debt collector and Sabatini represented the plaintiff.)

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