Law360 (February 14, 2018, 10:21 AM EST) -- There was no payday for plaintiff Larry Harrington following a heavily contested bench trial in an action for violations of the Telephone Consumer Protection Act and the Florida Consumer Collection Practices Act (FCCPA). RoundPoint Mortgage and its investor, Multibank, stood firm, relied on their regularly kept business records to prove they had consent to contact Harrington about the loan, and successfully defeated Harrington's claim for nearly $1 million in damages.
The case was tried on the legal definition of an "automatic telephone dialing system" (ATDS), as well as on the issue of prior express consent. Factual allegations over whether Harrington provided...
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