Pretty much everyone with a phone has had this experience: some business calls looking for someone who isn’t you because that person owes the company money. Then the company does it again and again.
Protecting Your Rights
It is important to know that you do not have to put up with these calls. According to the Telephone Consumer Protection Action of 1991 (the TCPA), repeated calls of this kind are illegal. Our own attorney Todd M. Friedman protects consumers from this type of violation, and he is currently involved in a case against Comcast to protect one consumer’s rights.
A Recent Case– With a Twist
Our law firm is protecting the rights of a man named Rolando Chacon. Chacon had received repeated phone calls from Comcast looking for someone who was not Chacon. He told the company that he didn’t know this person and to stop calling. But Comcast did not stop.
One critical piece of the case involved the arbitration clause in the service agreement between Chacon and Comcast. The arbitration clause is an agreement that any disputes arising from the contract would be settled in arbitration rather than in the courtroom. The problem is that arbitration would almost certainly result in less compensation for Chacon.
Attorney Todd M. Friedman successfully convinced the judge to deny Comcast’s bid to resolve the case in arbitration. The judge agreed that the calls Chacon received did not involve Chacon’s contract with Comcast and thus the contractual agreement to arbitrate did not apply in the case.
Cases involving the TCPA are rarely simple. This type of complication is the norm. Successfully litigating these cases requires the services of an experienced attorney who has handled TCPA cases and other related consumer rights matters.
