Some consumers have taken to doubling up protection from unwanted telemarketing calls, by placing their (already off-limits) cell phone numbers on the National Do Not Call Registry. And some companies continue to ignore the Telephone Consumer Protection Act (TCPA). In this case, the complaint alleges that eFinancial, LLC sent text messages in violation of the law.
The TCPA already forbids telemarketers from placing calls or sending text to consumer cell phones using an automatic dialing system or an artificial or prerecorded voice, unless they get the consumers’ prior express written consent to receive such calls.
Because of this law, no telemarketers should have been targeting plaintiff David Borden’s phone. Just to make sure, however, he also registered it with the National Do Not Call Registry.
However, between January 2 and January 23, 2019, Borden received a number of text messages while he was at work. Here’s a sampling of how they began:
The complaint says the short code for the messages is listed in the US Short Code Directory as being “owned and controlled by Defendant eFinancial.”
The complaint alleges that an automatic dialing system was used to send the text messages.
The class for this action is all persons and entities whose telephone numbers were sent eFinancial’s text messages from September 6, 2015 on, where