Article
"Calling” Out Fraud: Florida Federal Court Allows Counterclaim To Proceed Against TCPA Plaintiff
A federal court in Florida denied a TCPA plaintiff's motion to dismiss a defendant's fraud counterclaim, finding that the plaintiff's willingness to enroll in health insurance during an alleged unwanted telemarketing call contradicted her lawsuit claims. The decision demonstrates how companies can use fraud counterclaims to expose plaintiffs who consent to calls and then sue, potentially creating leverage at early litigation stages.
Duane Morris LLP