Insler Obtains Dismissal with Prejudice for Federal Loan Servicer in TCPA Lawsuit
On September 20, 2016, Charles Insler obtained a complete dismissal with prejudice on behalf of a national federal loan servicer. The Plaintiff had accused the Defendant of violating the Telephone Consumer Protection Act (TCPA). After we explained the client’s defenses under the November 2015 amendments to the TCPA (which had been passed as part of the Bipartisan Budget Act of 2015), the Plaintiff offered to settle the case for nuisance value. We declined the offer and then moved for judgment on the pleadings asserting that the November 2015 amendments operated as a total bar to Plaintiff’s TCPA claims. Even though no court within the Eighth Circuit had interpreted the 2015 Amendments to the TCPA, Plaintiff agreed to dismiss her case with prejudice for nothing after our brief was filed.