Commercial Loan Firm Denies It Violated TCPA via Cold Calls
New York Tribeca Group, a commercial loan company, denies all allegations in Porsche Stegall's first amended class action that it runs "an aggressive cold-calling telemarketing campaign," in violation of the Telephone Consumer Protection Act, said NYTG’s answer Monday (docket 1:23-cv-02862)…
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in U.S. District Court for Northern Illinois in Chicago. NYTG’s answer asserts 17 affirmative defenses. One is that Stegall's damages, and the damages of the putative class members, if any, “are barred to the extent they have been caused by their own action or inaction, including, but not limited to, their provision of prior express consent to receive the alleged calls and texts.” Stegall's case also isn’t “maintainable” as a class action, and relief on a class-wide basis isn’t appropriate because Stegall can’t prove “the facts and prerequisites necessary for the maintenance of a class action, including typicality, numerosity, commonality, or adequate representation,” it said. U.S. District Judge Lindsay Jenkins previously denied NYTG’s motion to dismiss Stegall's amended complaint (see 2310240021). The judge held that Stegall's allegations are sufficient “at the pleadings stage” to establish that the phone on which she received NYTG’s calls was a residential phone under the TCPA.