This is a copyright infringement lawsuit in which I have been dismissed with prejudice but have been receiving harassing robo-calls before 7:00 a.m and in the evening demanding that I respond to their settlement letters which I have not received or else I will held answerable in a federal lawsuit. Intrigued as to whether this is ethical or even permitted under existing statutes regulating debt collection practices.
I don't know how the debt collection statutes apply. But if you were represented by an attorney before you were dismissed from the case then the law firm's phone calls to you violate the rule prohibiting attorneys from directly contacting parties that are represented by counsel. If you were represented speak with your attorney. If you weren't represented you could reach out to an attorney who is representing another of the alleged infringers in the case and ask him or her to help you. That attorney likely would help you because the robo-calls to you evidence bad faith litigation tactics by the plaintiff [which would help that attorney's client as well].
The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
Not ethical in IL on a number of grounds. Is Prenda Law now using a robo-caller? Or is this a different troll doing this?
So far, this is free to you. Until you pay a fee, I am not your lawyer and you are not my client, so you take any free advice at your sole risk. I am licensed in IL, MO, TX and am a Reg. Pat. Atty. so advice in any other jurisdiction is general advice and should be confirmed with an attorney licensed in that jurisdiction.
The Fair Debt Collection Practices Act likely does not apply because the "debt" they are seeking to collect is not a consumer debt. It is possible that they are violating the Telephone Consumer Protection Act, however. You should send them a letter demanding that they stop the robocalls, keep a log of their calls, and save any messages they leave. Then contact a consumer who specializes in consumer law and handles TCPA cases to discuss your specific facts and whether they believe a violation has occured. Most will provide a free consultation and take this type of case on a contingency basis. The TCPA provides for $500 in statutory damages for each call, whicih can really add up if they are making repeated calls.
The above response is not intended to create, nor does it create either an attorney-client relationship or an ongoing duty to respond to questions. It is intended to be solely the educated opinion of the author and should not be relied upon as legal advice. Some responses may be advertising material. The response given is based upon the limited facts provided by the inquiring person and additional or differing facts might change the response. Attorney is licensed to practice law only in the state of Illinois. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers and advice. Answering this question does create a duty to keep information confidential, nor does it prevent me from representing an adverse party. Advertising Materials.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline