We were recently delighted when Bennett Hartz, our St Paul Bankruptcy attorney and consumer law practitioner won another big victory for one of our clients against a bank.
Following Bennett’s advice, our client, Judy Murphy, sued Synchrony Bank for multiple violations of the Telephone Consumer Protection Act. These included constant and vexatious debt collection calls made with a computer recording. Synchrony didn’t even think that Ms. Murphy was worth the expense of having an actual human being call and try to work with her.
Right out the gate, Synchrony Bank tried to delay the lawsuit brought about by Judy by pointing to the ACA International v. FCC, No. 15-1211 case, (D.C. Cir., filed July 13, 2015) which is currently pending in the The D.C. Circuit Court. Synchrony argued that this case would decide the issue before ours would.
Bennett Hartz argued that waiting for this case to conclude was a red herring, and we had plenty of evidence to prove that these two lawsuits were indeed very different and the outcome of the ACA International case was not really relevant to our case.We also argued that Synchrony was just using this case as a way of trying to delay the case against it.
Perhaps unsurprisingly, given all the evidence we provided, the judge agreed with our client, and denied Synchrony’s motion to stay the proceedings.
Bennett explained, “We’re extremely pleased with the outcome on this case, and that the judge agreed with our reasoning and understood our evidence. It’s also encouraging that the judge was of the same opinion as us that Synchrony was trying to delay and perhaps even intimidate our client.”
This victory obviously makes a huge difference to Judy, and all of us at Walker and Walker Minnesota Bankruptcy Attorneys will continue to work for her in order to help her.