Unsolicited Text Messages
Under the Telephone Consumer Protection Act (TCPA), businesses must have consumers’ prior express written consent to place calls to their cell phones. However, the consumer may revoke this consent later. The complaint for this class action alleges that Capital One, NA continued to send text messages even after consent was revoked.
The companies Fidelity Tax Relief, LLC, Tax Rise, Inc., Price Holdings, Inc., and Bridgeley, Inc. share a concern with debt owed for taxes. According to the complaint for this class action they also share two other things. First, they share “a commonality of corporate executives, officers, and offices.” Second, they are all being sued here for violations of the Telephone Consumer Protection Act (TCPA).
The Telephone Consumer Protection Act (TCPA) isn’t the only law now attempting to protect consumers from unwanted telemarketing. States are increasingly developing their own laws to try to counter the barrage of calls still irritating consumers. This complaint alleges that Sun Tan City, LLC has violated both the TCPA and the South Carolina Telephone Privacy Protection Act (SCTPPA) when it sent text messages to consumers.
The Federal Communications Commission (FCC) defines telemarketing as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.” The complaint for this class action alleges that Paramount Residential Mortgage Group, Inc. (PRMG) sent telemarketing text messages to consumers that violated Telephone Consumer Protection Act (TCPA).
Sprout IRA, LLC purports to help people make investments for their retirement accounts. The complaint for this class action alleges that in telemarketing its services via text messages to consumers, Sprout has violated the Telephone Consumer Protection Act (TCPA).
Bluestem Brands, Inc., the parent company of Fingerhut and Gettington, is paying over $5 million to settle a second recent class action alleging that it violated the Telephone Consumer Protection Act (TCPA). The complaint alleged that Bluestem sent unwanted text messages to numbers that it had coded as “wrong party” numbers.
“In an action under the [Telephone Conusmer Protection Act], a plaintiff must only show that the defendant ‘called a number assigned to a cellular telephone service using an automatic dialing system or prerecorded voice[,]’” says the complaint for this class action, quoting findings an earlier case. It brings suit under the TCPA for calls made to consumer cell phones by Coralreef Productions, Inc. which also does business as Nine9.
The complaint for this class action alleges that two companies are responsible for the sending of one or more batches of telemarketing messages. Entrata, Inc. offers property management software and services for real property owners and managers; CA Student Living Holding Company, LLC invests in, develops, and manages student housing in North America. At issue are text messages sent by Entrata to advertise CA Student Living apartments available for rent in Miami, Florida.
Why would Walmart violate the Telephone Consumer Protection Act (TCPA)? Not, certainly, because people are unfamiliar with it. The complaint for this class action claims that it had enrolled consumers in its prescription message program—even when the consumer was not getting prescriptions from the company.
CA Ventures, LLC is the parent company of a number of real estate investment and development projects. The complaint for this class action alleges that it promotes its services and projects by sending text message to consumer cell phones, in violation of the Telephone Consumer Protection Act (TCPA).