Jury is Out: Case Claiming TCPA Plaintiff’s Lawyer Guilty of Fraud Reaches Trial–Jury In Deliberation
I’m not going to spend much time on this because we don’t yet have a verdict, but Navient’s case against the Law Offices of Jeffrey Lohman, P.C. for fraud has impressively gone the distance.
The jury is currently deliberating the evidence in the suit. We’ll let you know as soon as a verdict is available.
The suit claimed that Lohman’s office encouraged student loan borrowers to default on their debts for the express purpose of manufacturing TCPA suits, which would then be leveraged to force cancellation or reduction of those debts. Specifically, the borrower would (allegedly) be convinced to stop making payments on the account and then (allegedly) use a script provided by Lohman’s office to kind-of-sort-of-almost-maybe-but-not-quite revoke consent while recording the call. The caller would inevitably continue to make calls in light of the confusing instruction and the debtor would not answer the phone again. Then, after enough “post-revocation” calls were received, a TCPA lawsuit would be filed.
Per the docket, the case tried last week and closing arguments were given yesterday.
The evidence was apparently quite voluminous–docket entries reflect that Navient planned to introduce up to 17 boxes of evidence into the record.
I don’t have information on closing argument or the damages sought just yet from Navient but I am keeping a close eye on developments.