Any Alleged TCPA Wrongdoing Was ‘Caused by Mistake,’ Says Credit Repair Company
Credit Pros denies it sent plaintiff Joshua Champion text message solicitations using an automatic telephone dialing system, in violation of the Telephone Consumer Protection Act, said the credit repair services company’s answer Tuesday (docket 2:21-cv-10814) in U.S. District Court for…
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New Jersey in Newark to Champion’s first amended complaint. Champion’s claims and the claims of the putative class he seeks to represent fail or otherwise are barred “because any alleged wrongdoing” by Credit Pros “was caused by mistake,” it said. Credit Pros “acted reasonably and in good faith at all material times based on all relevant facts and circumstances known by it at the time it acted,” it said. The “statutory damages provisions” of the TCPA are excessive fines and “are grossly disproportionate to any actual harm that may have been suffered,” it said. Those provisions violate “the safeguards” of the Fifth, Sixth, Eighth and 14th amendments, it said. The subject text messages also “constitute commercial speech protected by the First Amendment,” it said.