Narrative Opinion Summary
In this case, the plaintiff alleges violations of federal and state laws by the defendant in the context of debt collection efforts related to a timeshare purchase. The primary legal issues involve the Telephone Consumer Protection Act (TCPA), the Wisconsin Consumer Act, and common law claims of invasion of privacy and private nuisance. The court addressed cross motions for summary judgment. The plaintiff's motion was denied regarding Wisconsin Consumer Act claims related to procedural missteps in state court and debt reporting, while the defendant's motion was partially granted. The court ruled that the failure to attach a contract or provide a notice of right to cure does not create a separate cause of action but rather serves as a defense. The court applied the continuing violation doctrine to allow privacy claims to proceed and found that oral revocation of consent for autodialer calls under the TCPA is permissible. The court awarded the plaintiff $14,500 in statutory damages for unauthorized calls post-revocation. The defendant's motion regarding claims of improper debt reporting and invasion of privacy related to service of legal documents was granted, while the plaintiff's TCPA claims for calls made after January 8, 2010, were allowed to proceed.
Legal Issues Addressed
Continuing Violation Doctrine - Statute of Limitationssubscribe to see similar legal issues
Application: The court applied the continuing violation doctrine to the plaintiff's claims of invasion of privacy and private nuisance, allowing claims from November 2009 to July 2010 to proceed.
Reasoning: The continuing violation doctrine serves as a defense against the statute of limitations, allowing for the delay of its start date.
Federal Rule of Civil Procedure 6 - Timeliness of Errata Sheetssubscribe to see similar legal issues
Application: The court found the defendant's submission of errata sheets timely, thus denying the plaintiff's motion to strike.
Reasoning: The court finds the errata sheets timely based on the rules for computing time under Federal Rule of Civil Procedure 6.
Hearsay Exception - Admissibility of Business Recordssubscribe to see similar legal issues
Application: Call logs submitted by the defendant were admissible as business records under the hearsay exception.
Reasoning: The court found the logs admissible as business records under the hearsay exception.
Telephone Consumer Protection Act - Revocation of Consentsubscribe to see similar legal issues
Application: The court found that the plaintiff could revoke consent for autodialer calls orally, as demonstrated by her statement to cease calls.
Reasoning: Consumers may revoke consent for autodialer calls orally, as demonstrated by the plaintiff's statement on January 8, 2010, requesting the cessation of calls.
Wisconsin Consumer Act - Procedural Requirements for Debt Collectionsubscribe to see similar legal issues
Application: The court ruled that failing to attach a contract or provide a right to cure notice does not create a separate cause of action, but rather a defense to the creditor's suit.
Reasoning: These provisions aim to give customers a chance to rectify their defaults before litigation, not to create a separate cause of action for debtors.