How many consumers respond positively to telemarketing? In this class action, plaintiff Nanci Rowe brings suit against Ranieri Law for text messages sent to her cell phone, in violation of the Telephone Consumer Protection Act (TCPA).
Congress passed the TCPA in response to growing consumer complaints about unwanted telemarketing calls and messages. It attempts to regulate the use of automatic dialing systems and artificial voice and messaging systems that businesses can use to harass consumers by the thousands every day.
Cell phones are a particular concern under the TCPA. Because cell phone owners pay for incoming as well as outgoing calls, telemarketing calls, messages, and texts are an expense as well as a nuisance.
Businesses may not place non-emergency calls to consumer cell phones using automatic dialing systems or artificial or prerecorded voices unless they have obtained the consumers’ prior express written consent to receive those calls. In this context, “calls” include regular voice calls, voice messages, and texts.
Plaintiff Rowe received a text message from Ranieri Law on January 14, 2018. The message said, “Nancy, my name is Sheldon Fishman with Ranieri Law calling regarding credit repair. If you are looking to improve your credit score or clean up negative items off your report please call me…”
Rowe had no prior relationship with the company. She had not given them her number or permission to call her. In addition, her number had been on the Do Not Call Registry for more than ten years at the time.
The complaint says, “Upon information and belief, Defendant does not maintain procedures to prevent unsolicited calls from being made to consumers on the Do Not Call registry. Had such rules been in place, Plaintiff would not have received the violative message.” Also, “Upon information and belief, Defendant does not train its personnel in compliance with the Do Not Call rules. Had such rules been put in place, Plaintiff would not have received the violative message.”
Two classes have been proposed for this action.