This lawsuit alleges that Firstsource Advantage LLC violated the Telephone Consumer Protection Act by initiating non-emergency calls using an automatic telephone dialing system (ATDS) to place calls to the cells phones of persons who had not consented to receive the calls.
Firstsource Advantage LLC (Firstsource) is a New York based “global top 20 collection service provider” that “partners with eight of the top 10 credit card issuers in the US, and other leading financial institutions, healthcare providers, and universities. ”
The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq., was enacted by Congress in 1991 to regulate interstate intrusive nuisance calls. The TCPA prohibits the use of pre-recorded messages to make any call to a wireless number (ATDS) in the absence of an emergency or express consent of the party called.
On October 22, 2015, DeKalb County, Georgia resident Frederick Luster filed a class action suit (State Court of DeKalb County State of Georgia), on behalf of himself and similarly situated individuals, against Firstsource regarding calls he received from Firstsource. As alleged in the complaint, during the prior four year period, Firstsource made telephone calls to his cellular phone number in an attempt to collect debts alleged to be owed by a group of individuals identified in their calls as “Catherine Silva,” “Shirley Faison,” “Jennifer Smith” and “Marisila Nolasco,” all persons unknown and unrelated to Luster. The calls were made using pre-recorded and unattended messages multiple times per day over multiple days. The complaint alleges Firstsource made the calls by an ATDS and included a blank or “dead air” message (indicative of a predicatively dialed call) that attempted to collect on an alleged debt.
Luster’s suit seeks class action certification of behalf of a class of persons to whom Firstsource initiated a call to their cell phone using the same or a similar ATDS or unattended messages that Firstsource used to call Luster, in the four year period prior to October 22, 2015, excluding with any person who provided their cell number to Firstsource in relation to the debt being collected without any revocation of consent. Damage awards in the amount of the greater of $500.00 or actual damages and treble damages pursuant to the TCPA, an injunction, and attorney fees and costs are requested.