by Structured Settlement Watchdog®
A structured settlement annuitant is fighting back against a structured settlement buyer who allegedly repeatedly harassed him with robocalls and is the lead plaintiff in a newly filed class action lawsuit. The lawsuit represents yet another battle starting in the structured settlement buyer mosh pit.
In the complaint, Kevin Buja alleges that "at various times, and on numerous circumstances within the four year period", in violation of the Telephone Consumer Protection ACT (TCPA), 47 U.S.C. Section.227 et seq., the Novation Defendants "sent, or orchestrated the sending on its behalf unsolicited telemarketing calls to Plaintiff's cellular phone"
The Complaint alleges that "in order to discover potential clients, (Novation) Defendants are believed to employ various means to identify recipients of structured settlements and/or annuities, then employ various skip-tracing methods in an attempt to locate these individuals. The names and phone numbers are then loaded into an automatic dialing system, which without human intervention, places calls to potential clients and, in certain situations, leaves prerecorded phone messages".
The Complaint alleges that Novation Defendants on July 21, 2015 sought employees whose jobs would include the use of a predictive dialer.
Statutory damages under the TCPA are $500 for each negligent violation and $1,500 for each knowing violation.
Plaintiffs are represented by attorney Scott D. Owens of Hollywood, Florida.
For more information see:
Kevin Buja, individually and on behalf of others similarly situated v Novation Capital, LLC,a foreign Limited Liability Company; Novation Ventures, LLC, a foreign limited liability company, both doing business as "Novation Solutions", an unregistered fictitious entity
United States District Court Southern District of Florida West Palm Beach Division, civil action number 9:15-cv-81002-KAM
Read the Class Action complaint against Novation Ventures here Download Class Action against Novation Ventures about Robocalls TCPA