LOMBARD, Ill., April 8, 2019 /PRNewswire/ -- On March 3, 2019, Judge Pitman of the Western District of Texas issued a ruling dismissing defendant Ford Motor Company's counterclaim against plaintiff Gloria Salas, represented by Atlas Consumer Law, marking this case as the first of its kind. After falling behind on her payments, Salas became the victim of regular phone calls from Ford, allegedly reaching a minimum of 125 calls in less than 2 years.
On September 13, 2018, Atlas Consumer Law filed a lawsuit in the Western District of Texas alleging violations of the Telephone Consumer Protection Act and the Texas Deceptive Practices Act against Ford Motor Company. Soon thereafter, the defendant filed a counterclaim against Ms. Salas for breach of contract in the amount of $16,039. Marwan R. Daher, lead counsel, filed a Motion to Dismiss their counterclaim for lack of subject matter jurisdiction and the chilling effect it would have on consumers bringing claims against corporations.
Judge Pittman dismissed Ford's counterclaim, concluding Salas's claim and Ford's counterclaim do not derive from a "common nucleus of operative fact," as her TCPA claim and the defendant's breach of contract both claim "turn on distinct sets of facts that relate to separate provisions in the contract." The court identified a legal and factual issue in determining whether the plaintiff consented to a lawful contract with Ford. This refuted Ford's counterclaim arguing the contract's validity.
Salas's claim was proven to derive from a separate case and controversy from Ford's. The court agreed with Salas and concluded Ford's counterclaim is not compulsory and declined to exercise supplemental jurisdiction, therefore dismissing Ford's counterclaim.
This case is revolutionary in the Western District of Texas and will set a strict precedent to pave the way for consumers nationwide, to avoid being counter-sued on debts which do not relate to the filing of a TCPA complaint stemming from harassing phone calls.
Atlas Consumer Law is a comprehensive law firm led by Chicago consumer attorneys who have amassed an unparalleled history of successful verdicts and outcomes on behalf of those in need of advocacy.
To schedule a free, initial case evaluation with the legal team at Atlas Consumer Law, call (312) 313-1613.
SOURCE Atlas Consumer Law