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Muth Capital Cell Phone/Do Not Call List Telemarketing TCPA Class Action

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What does it say when a business funding lender uses unlawful methods to approach potential customers? Apparently, some businesses find it’s not a problem and, eighteen years after the passage of the Telephone Consumer Protection Act (TCPA), they continue to try to trawl for customers by telemarketing. In this case, Muth Capital, LLC is alleged to have made unlawful calls to consumer cell phones and also to have called numbers on the National Do Not Call Registry to peddle its services.

Plaintiff Terry Fabricant claims to have gotten telemarketing calls for Muth on his cell phone beginning in June 2018. The number attached to the calls belonged to MCA Leads World Solutions, the direct and online marketing agent for Muth, the complaint says. It alleges that the calls were made using an automatic dialing system for the purpose of promoting Muth’s services.

The TCPA makes it unlawful for advertisers to place non-emergency calls to consumer cell phones using automatic dialing systems or artificial or prerecorded voices unless they have the consumers’ prior express written consent to receive such calls. 

Also, Fabricant’s telephone number had been on the National Do Not Call Registry since June 2008. The TCPA makes it unlawful for telemarketers to call numbers on this registry more than once in a twelve-month period.

The complaint alleges both negligent and willful violations of the TCPA. Negligent violations provide for statutory damages of up to $500 per call; knowing or willful violations carry treble damages of up to $1,500 per call.

Two classes have been defined for this action.

  • The ATDS Class is all persons in the US who received telemarketing calls from Muth Capital on their cell phones which were made using an automatic telephone dialing system or an artificial or prerecorded voice, between August 2, 2015 and August 2, 2019, where the persons had not previously consented to receive such calls.
  • The DNC Class is all persons in the US whose phone numbers were registered on the National Do Not Call Registry for at least thirty days, who received more than one telemarketing call made by or on behalf of Muth Capital, within any twelve-month period between August 2, 2015 and August 2, 2019, when the persons had no prior business relationship with Muth Capital and had not granted Muth Capital prior express consent to receive such calls.
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