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Defendant Hollis Cobb Associates lost a motion for summary judgement against serial plaintiff Ricky Franklin. To have a summary judgement granted, there needs to be no genuine dispute as to any material fact but there were genuine disputes of material facts.
Interpreting the Supreme Court’s ruling in
Barr v. American Association of Political Consultants, Inc., severing the government-backed debt exception from the Telephone Consumer Protection Act (TCPA), a federal court in Delaware held that a debt collector could be liable under the statute for claims that arose prior to the Court’s decision.
The case is
Franklin v. Navient, Inc. The plaintiff, Ricky Franklin, claimed that he received 86 calls between 2015 and 2017 from Navient, seeking to collect on his federal government-backed student debt. Navient moved for summary judgment on calls after November 2015, when Congress added the exception for government-backed debt to the TCPA.