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S.D. New York· 8/14/2013

Castro v. Green Tree Servicing LLC

Citations

  • 959 F. Supp. 2d 698
  • 2013 WL 4105196
  • 2013 U.S. Dist. LEXIS 115089

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that it was immaterial whether the plaintiff answered the defendants' calls or whether the calls went to voicemail
  • holding that for purposes of TCPA liability, it is immaterial whether the calls were answered or went to voicemail
  • dismissing Section 1692(f)(1) claim because plaintiffs failed to provide any evidence or case law to support their claim
  • declining to limit damages available to plaintiffs at summary judgment stage just because they did not submit medical proof of their emotional distress
  • “[E]ven the least sophisticated consumer can be presumed to possess ... a willingness to read a collection notice with some care.” (internal quotation marks omitted)
  • “[T]he TCPA clearly restricts the making of any call using an automatic telephone dialing system to a cellular phone[.]”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ramos

Read full opinion on CourtListener

Cited by

10 cases in this archive cite this case.

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.