Court Allows Fraud Counterclaim Against TCPA Plaintiff Who Misrepresented Age During Call
Original: TCPA LITIGATOR SUED FOR FRAUD!: Court Allows Fraud Claim to Proceed Against Consumer Who Applied for Health Coverage After Receiving allegedly Unwanted Calls
Short summary
A Florida court allowed a fraud counterclaim to proceed against a TCPA plaintiff who allegedly lied about her age to apply for health coverage she didn't qualify for, then sued the company for unwanted calls. The court found the defendant adequately alleged fraud with specific details supported by call recordings. TCPA defendants facing similar suits from first-party or third-party data leads should consider fraud counterclaims when consumers engage substantively with agents after the call connects.
- •Court allowed fraud counterclaim against TCPA plaintiff who lied about age during a call
- •Defendant adequately pleaded fraud with specific details supported by call recording
- •TCPA defendants should consider fraud counterclaims when consumers engage with agents post-call
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