Daubert v. NRA Group LLC

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Wilkes-Barre Hospital’s radiology department x-rayed Daubert. His bill was $46. Radiology Associates forwarded his medical report and cell phone number to its billing company, MBMS. Daubert’s health-insurer contributed $21. Daubert did not pay the remaining $25. MBMS transferred his account to a debt collector, NRA, sharing Daubert’s cell number. NRA sent a collection letter. Daubert alleged that, visible through the envelope's window, were the sequence of letters and numbers NRA used to track Daubert’s collection account and a barcode that, when scanned by the appropriate reader, revealed that account number. NRA also called Daubert 69 times in 10 months, using a Predictive Dialer. Daubert sued, alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692, asserting that the information visible through the envelope could have revealed his private information and of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. The Third Circuit affirmed summary judgment for Daubert on his TCPA claim and awarded $34,500 ($500 × 69 calls); no reasonable jury could find that Daubert expressly consented to receive calls from NRA. The court reversed the rejection of his FDCPA claim; the use of the barcode was not a bona fide good faith error. View "Daubert v. NRA Group LLC" on Justia Law