Top Flite Financial, Inc. violated the Telephone Consumer Protection Act (TCPA), this class action alleges, by calling and sending text messages to consumer cell phones and numbers on the National Do Not Call Registry. And if that isn’t enough, the complaint also claims that the company recorded telephone calls without consumers’ knowledge or consent, thus violating California privacy laws.
Top Flite Financial has been busy. It provides loans to consumers, and it wants to provide more of them. Unfortunately, the method it chose to seek more customers is telemarketing.
The TCPA forbids telemarketers from placing 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. The term “calls” here refers to regular voice calls, voicemails, and text messages, since all such contacts cost cell phone owners money and all are equally nuisances.
The TCPA also established a National Do Not Call Registry, on which consumers can list their telephone numbers to indicate that they do not want to be called by telemarketers. It is a violation for telemarketers to call number on the Do Not Call Registry more than once in a twelve-month period
On April 15, 2019, Top Flite placed two calls to Plaintiff Terry Fabricant’s cell phone. Three days later, on April 18, it placed two more. Also on April 15, the company sent Fabricant a telemarketing text message.
The complaint alleges that the calls were all placed by automatic dialing systems. This is because there were pauses of several seconds and then clicks before a live human being came on the line. Fabricant had no business relationship with Top Flite. Fabricant had also placed his cell phone number on the National Do Not Call Registry prior to 2019.
Also on April 15 and 18, the complaint alleges that Top Flite surreptitiously recorded or monitored at least two of the calls it made to Fabricant, without warning to him or permission from him. According to the complaint, this is a violation of California’s privacy laws. These forbid the recording or interception of communications made from cordless or cellular phones without the consent of all parties to the communication.
The complaint proposes four classes for this action:
For more details of each class, see each count of the complaint, linked below.