Jennings v. Continental Service Group, Inc. (U.S. District Court, Western District of New York, Case No. 1:15-cv-00575)
In a class action complaint, Lemberg Law is representing Thomas Jennings, who is suing Continental Service Group (ConServe) for alleged violations of the Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act (FDCPA). The complaint alleges that ConServe, a debt collection agency, robocalled Mr. Jennings’ cell phone and subjected him to debt collection harassment.
ConServe is a debt collection agency specializing in the collection of student loan debt. The lawsuit alleges that, within the last four years, ConServe robocalled Mr. Jennings’ cell phone using an automated telephone dialing system. When Mr. Jennings answered the phone, he heard a blended pre-recorded and artificial message that stated the call was a message for “Tom Jennings.” The lawsuit alleges that ConServe and its debt collectors didn’t have express consent to robocall Mr. Jennings’ cell phone, creating a violation of the TCPA. It also alleges that, within the last year, ConServe called placed collection calls up to four calls per day, a harassing rate that is in violation of the FDCPA.
The proposed class of people represented are those in the U.S. who, between June 25, 2011 and June 25, 2015, received a ConServe cell phone robocall without their express written consent.
Update: A judge denied ConServe’s motion to dismiss the case. In its opinion, the court stated that ConServe’s argument was “without merit,” and allowed Mr. Jennings the opportunity to submit an amended complaint.