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Insler Obtains Dismissal with Prejudice for Federal Loan Servicer in TCPA Lawsuit

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Charles N. Insler
Charles N. Insler
Charles N. Insler is an accomplished writer who helps spearhead the firm’s appellate practice. He has briefed more than 15 appeals over the last five years, culminating in recent victories before the Illinois Supreme Court and the U.S. Court of Appeals for the Seventh Circuit. Mr. Insler’s appellate practice covers a variety of procedural and substantive legal issues and has reached all five Appellate Districts in Illinois, all three Appellate Districts in Missouri, as well as the Illinois Supreme Court, the Missouri Supreme Court, and the U.S. Courts of Appeals for the Seventh and Eighth Circuits. He is frequently asked to handle appeals for cases he did not handle at the trial level.
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On September 20, 2016, Charles Insler obtained a complete dismissal with prejudice on behalf of a national federal loan servicer. The Plaintiff had accused the Defendant of violating the Telephone Consumer Protection Act (TCPA). After we explained the client’s defenses under the November 2015 amendments to the TCPA (which had been passed as part of the Bipartisan Budget Act of 2015), the Plaintiff offered to settle the case for nuisance value. We declined the offer and then moved for judgment on the pleadings asserting that the November 2015 amendments operated as a total bar to Plaintiff’s TCPA claims. Even though no court within the Eighth Circuit had interpreted the 2015 Amendments to the TCPA, Plaintiff agreed to dismiss her case with prejudice for nothing after our brief was filed.

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