Federal Judge Orders Time Warner to Pay $230,000
A great ruling out of New York City, where a federal judge recently ordered Time Warner Cable to pay $230,000 to a woman it had robocalled 153 times.
Some of the takeaways: first, you should answer as many calls as possible; second, tell them each time to stop calling. A big part of the judge's tripling of the damages — from $500 a call to $1,500 per call — was based on TWC's repeated disregard for the request by the consumer. Also, 74 of the calls were made after TWC had been served with the lawsuit, which is unusual.
Take this one with a grain of salt. Every case is different and every judge is going to react differently to the facts presented. The TCPA seems to put the power to triple the damages into the hand of the judge, not a jury, which is unusual and may actually be a violation of the Sixth Amendment.
Still, it's a lesson for consumers to stick up for themselves. Whether you owe a debt or not, you have the right to be treated with dignity and fairness. That means they have to stop calling your cell phone when you say "Please stop." Simple as that. Be polite but be firm. Answer as many calls as you can, tell them to stop each time, and if the calls persist, talk to a lawyer who has experience with robocall lawsuits.
Even a handful or so calls can be meaningful, especially as a class action representative. You could be the person who help millions of other people finally get some peace and quiet in their day.
If you've been harassed by phone calls, please be in touch. We'd love to hear your story.