We are very pleased that our team was able to get the court to agree these calls were clearly in violation of the law.
CHARLESTON, W.Va. (PRWEB) October 21, 2014
Charleston-based attorney Harry F. Bell, Jr., managing partner of The Bell Law Firm, in partnership with Tampa law firm Morgan & Morgan, has secured a favorable decision for Chester Moore, who filed suit against Dish Network in the Northern District of West Virginia Martinsburg, for unwarranted phone calls it made to his number in 2012. (Civil action no. 3:13-CV-36) (1)
"We are very pleased that our team was able to get the court to agree these calls were clearly in violation of the law,” Bell said.
In a ruling issued October 16, Judge Gina Groh found that Dish Network had committed numerous violations of the federal Telephone Consumer Protection Act (TCPA) by calling Moore 31 times in an attempt to collect a debt from a former Dish customer to whom Moore’s cell phone number was previously assigned. (2)
The court awarded triple damages to Moore for numerous calls he received from Dish, even after he called the company several times to clarify that he was not the former customer. (3) Moore had never been a Dish customer, he simply had been assigned a phone number belonging to a former Dish account holder. (4)
The court awarded Moore $500 for each of 24 unwanted calls, and $1,500 for each of seven calls he received after notifying Dish that he was not the person the company was trying to contact. (5)
The TCPA prohibits companies from making calls using an automated dialing system or artificial or prerecorded voice to cell phone customers, unless the call recipient has given prior consent or the call is made for emergency purposes. (6)
Bell believes this decision is an important one for consumers who have received repeated phone calls of a potentially harassing nature.
"The Bell Law Firm is pleased to partner with our good friends and fine lawyers at Morgan & Morgan in standing up for people against intrusive business practices,” Bell said. "Consumers are subjected to so many harassing and intrusive actions these days, it is refreshing to see a Federal Judge agree and hold the wrongdoers accountable."
For more information about The Bell Law Firm, visit http://www.belllaw.com.
About The Bell Law Firm
With the legal and technical resources necessary to litigate the most complex personal injury cases, The Bell Law Firm is proud to represent injury and accident victims from their office in Charleston, West Virginia. Having recovered millions of dollars for personal injury victims, the experienced attorneys at The Bell Law Firm work closely with their clients to successfully deliver justice on their behalf. For more information or for a free, no-obligation case review, visit belllaw.com or call 1-800-342-1701.
The Bell Law Firm
30 Capitol Street
Charleston, W.Va. 25301
1-5. Chester Moore v. Dish Network, LLC, http://www.belllaw.com/assets/pdfs/moore-v-dish-network-docket-137.pdf, 16 Oct., 2014
6. Telephone Consumer Protection Act, http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf, 17 Oct., 2014