Counter-Claims

In Credit One Bank, N.A. v. Lieberman, No. 22-1871, 2023 U.S. App. LEXIS 14853, at *1-9 (3d Cir. June 15, 2023), the Court of Appeals for the 3rd Circuit addressed re-allocation of arbitrator's fees and attorneys' fees based on an arbitrator's conclusion that TCPA claimant had manufactured the claim. Pursuant to a clause in the agreement, Adam instituted arbitration, claiming… Read More

In Slaughter v. Reg'l Acceptance Corp., No. 2:20-cv-01888, 2020 U.S. Dist. LEXIS 234729 (S.D. Ohio Dec. 14, 2020), Judge Marbley declined to exercise supplemental jurisdiction over a collection counter-claim to a TCPA case. The Court declines to exercise supplemental jurisdiction over Regional's counterclaim for breach of contract in view of the second and fourth considerations. With respect to the former,… Read More

In Nalan v. Access Fin., Inc., No. 5:20-cv-02785-EJD, 2020 U.S. Dist. LEXIS 198836 (N.D. Cal. Oct. 23, 2020), Judge Davila agreed to exercise supplemental jurisdiction over a counterclaim on the debt where the main action was a TCPA claim. The Ninth Circuit has not definitively ruled on the question of whether supplemental jurisdiction under § 1367 can cover permissive counterclaims.… Read More

In Walker v. Westlake Fin. Servs., No. 19 C 6921, 2020 U.S. Dist. LEXIS 105794 (N.D. Ill. June 17, 2020), Judge Kendall permitted an FDCPA/TCPA defendant to file a counter-claim on the debt back against the Plaintiff. Walker, however, takes too narrow a view and disregards several relevant facts. Here, Westlake's claim involves "the same parties, contracts, and course of… Read More

In Dotson v. Ally Fin., No. 2:19-cv-2274, 2019 U.S. Dist. LEXIS 193764 (W.D. Tenn. Nov. 7, 2019), the District Court said that a TCPA defendant could not file a counter-claim in federal court against a TCPA Plaintiff. Nothing prevents Ally from suing Dotson in state court. A state court judgement may be used as a set-off to any judgment Dotson… Read More

In Tilley v. Ally Financial, Inc., 2018 WL 1535413, at *1–2 (E.D.Mich., 2018), Judge Leitman declined to hear a collection claim filed in response to a federal TCPA claim. Ally’s state-law breach of contract counterclaim and Tilley’s TCPA claim do not derive from a common nucleus of operative facts. Tilley’s TCPA claim arises out of the (alleged) facts that Ally… Read More

In Della Vecchia v. Ally Financial, 2018 WL 907045, at *1–2 (M.D.Fla., 2018), the District Court declined supplemental jurisdiction over a counter-claim filed by an automobile finance company against a TCPA Plaintiff. In fact, the typical TCPA action presents a handful of discrete questions (for example, whether the plaintiff consented to a call and whether plaintiff revoked consent), and Ally identifies… Read More

In Riazi v. Ally Financial, 2017 WL 4260847, at *6–7 (E.D.Mo., 2017), Judge Hamilton refused to allow an auto lender pursue its debt collection claim as a counterclaim to a TCPA claim because the debt collection claim was permissive. Further, permitting the collection of an underlying debt by way of a counterclaim in a plaintiff's federal TCPA action creates “the risk… Read More

In Bates v. American Credit Acceptance, LLC, 2016 WL 5477429, at *3 (E.D.Mich., 2016), Judge Tarnow exercised supplemental jurisdiction over a collection cross-complaint filed in response to a TCPA claim. The Court finds that Plaintiffs' claims and Defendant's counterclaim are sufficiently part of the same case or controversy to warrant the exercise of supplemental jurisdiction. The claims at issue clearly… Read More

In Vernell v. Nuvell Credit Company, LLC, 2016 WL 931104, at *3-4 (M.D.Fla., 2016), the Court refused to exercise supplemental jurisdiction over an automobile finance company's counter-claim to its customer's TCPA claim. It is clear from the record that the Counterclaim—a simple breach of contract claim—does not raise a new or complex issue of state law, the federal law claim has… Read More

In Ramsey v. General Motors Financial Co., Inc., 2015 WL 6396000, at *1-2 (M.D.Tenn.,2015), Judge Campbell dismissed the Defendant's counterclaim for the debt in a TCPA action. Similarly, Plaintiff contends that Defendant's state law claim can be resolved without any consideration of whether Defendant violated the TCPA. The determination of whether Plaintiff was in default under the Contract in no way… Read More

In Watkins v. Synchrony Bank, 2015 WL 5178134, at *3-4 (M.D.Pa.,2015), Judge Brann declined hear a counter-claim filed in response to a TCPA claim. Applying the “logical relationship” test to the instant counterclaim, this Court finds that Defendant's breach of contract claim is not logically related to Plaintiff's federal TCPA claim. This conclusion is reached based on an analysis of case… Read More

In Miller v. 3G Collect, LLC, 2014 WL 4634966 (E.D.Pa. 2014), Judge Buckwalter retained jurisdiction in a TCPA case over the underlying debt itself. Thus, unlike the TILA and FDCPA, the explicit terms of the TCPA make the giving of prior express consent by the debtor to the debt collector an absolute defense to liability. See Baird v. Sabre Inc., 995… Read More

Two recent California District Court decisions suggest the propriety and effect of pursuing the third party who provided the cellular telephone number in an application that turned out to be subscribed to by another. In Webb v. Healthcare Revenue Recovery Group, LLC, 2014 WL 2967559 (N.D.Cal. 2014), Judge Donato permitted a TCPA defendant to file a third party claim against… Read More

In Dayhoff v. Wells Fargo Home Mortgage, Inc. (M.D. Cal. 2014) 2014 WL 466151, Judge Dalton found that collection on a promissory note was a permissive counter-claim to a Plaintiff’s TCPA claim, and, therefore, the District Court would decline to exercise jurisdiction over the collection claim. Here, the Court has federal question subject matter jurisdiction over Plaintiff’s TCPA claim. Mims… Read More

In Dayhoff v. Wells Fargo Home Morg., Inc., 2014 WL 466151 (M.D.Fla. 2014), Judge Dalton dismissed a collection action without prejudice, finding that it was a permissive counter-claim to the federal TCPA claim. Here, the Court has federal question subject matter jurisdiction over Plaintiff's TCPA claim. Mims v. Arrow Fin. Servs., LLC, ––– U.S. ––––, ––––, 132 S.Ct. 740, 745, 181 L.Ed.2d… Read More

In Wilson v. Discover Bank, 2012 WL 1899539 (W.D.Wash. 2012), Judge Leighton exercised permissive supplemental jurisdiction over a counter-claim for the underlying $4,000 debt in a case filed under the TCPA.  Judge Leighton found that exercising jurisdiction over the debt collection claim did not impede enforcement of the consumer’s rights under the TCPA. Where supplemental jurisdiction exists, a district court… Read More