by Structured Settlement Watchdog®
NOVATION CAPITAL, LLC, NOVATION VENTURES, LLC, doing business as “Novation Settlement Solutions,” an
unregistered fictitious entity) will have to labor through discovery in the TCPA autodialer case pending in the Southern District of Florida (Case 5-81002-CIV-MARRA) as Judge Kenneth A. Marra (1) denied Novation's motion to dismiss (2) denied Novation's motion to strike class action allegations, (3) denied Novation motion tto stay or alternatively limit discovery. on January 8, 2016, ruling that proceedings can continue.
What is the The Telephone Consumer Protection Act ( TCPA)?
The Telephone Consumer Protection Act ( TCPA), requires that companies respect the wishes not to be contacted by anyone who has put their phone number on either the National Do-Not-Call Registry, or on a company’s internal Do-Not-Call Registry. The TCPA obliges all companies engaged in sales calls to maintain such a registry as to complement the national registry in the event that a person decides to accept calls from one company and not another. If a person is on either the internal do-not-call list or the national list then that person shall not be contacted for a period of 5 years.
Each violation of the TCPA comes with a penalty of between $500 to $1,500 per contact attempt
This isn’t a case of $1,500 for a single attempt to contact someone, when it took seven calls before a potential customer picked up the phone. If a company has attempted to contact an annuitant seven times, and each time is a violation, then a fine between $3,500 to $10,500 can be levied. In addition to fines, violators are also subject to injunctions.
Stop Cash Calls is a website that has taken a keen interest in the subject of annuitant harassment by telephone.