In the second Western District case this month, and at least the third this year, involving the Telephone Consumer Protection Act (TCPA) and its application to debt collectors who hound the wrong person, a federal court in Buffalo has turned down a collection agency’s bid to obtain the cell phone number of a man pursuing a claim under the act.
The debt collector requested the number to prepare its answer to the plaintiff’s complaint, but the plaintiff was reluctant to disclose the number until discovery, citing concerns over spoliation. Judge Richard J. Arcara sided with the plaintiff and directed the collection agency to answer the complaint within 20 days.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
