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Use of Automatic-Capable Dialer

Bank of America Sign and Logo in Front of Branch

Financial institutions may telephone consumers to try to collect debts. What they may not do is call consumers’ cell phones using automatic dialing systems, unless they obtain prior express written consent. So says the Telephone Consumer Protection Act (TCPA). The complaint for this class action claims that Bank of America Corporation did indeed use automatic dialing systems to contact consumer cell phones, even after a consumer’s lawyer told it to stop.

Man with Tools Carrying Ladder

It’s the same old telemarketing complaint, with a company with a different business structure. The complaint for this class action alleges that Porch.com, Inc., German Roofing, LLC, and others violated the Telephone Consumer Protection Act (TCPA) by placing telemarketing calls to consumer cell phones without getting the consumers’ prior express written consent.

Robot on Telephone

Companies are still trying consumers’ patience with unwanted telemarketing, including telemarketing that is illegal under the Telephone Consumer Protection Act (TCPA). This class action brings suit against Jackson Hewitt Tax Service, Inc. for autodialed text message calls. The complaint alleges that the company has been sending these texts to the plaintiff “over the past several years…”

Target Store

Target is paying over seven million dollars to settle a class action alleging that it violated the Telephone Consumer Protection Act (TCPA). The complaint claimed that Target made automated calls to try to collect debts to persons who were not the debtors on the accounts and thus had not consented to receive such calls. 

Open Book with Title Page Saying "Telephone Consumer Protection Act"

A 2016 statement of the chairman of the Federal Communications Commission (FCC) notes, “Robocalls and telemarketing calls are currently the number one source of consumer complaints at the FCC.” This comment came twenty-five years after the passage of the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that HomeAdvisor, Inc. made unwanted calls to consumer cell phones in violation of that Act.

Policeman Reaching Out of Cell Phone

Exit Realty Florida is a sub-franchise of a Canadian company which intends “to expand the Exit brand throughout the state of Florida with over 350 profitable franchises and 10,000 sales associates.” How does it intend to advertise itself? Unfortunately, it seems to have chosen to use telemarketing. The complaint for this class action alleges the company violated the Telephone Consumer Protection Act (TCPA) by unlawfully sending text messages to consumers.

GoDaddy.com, LLC provides products and services related to website. The complaint for this class action alleges that it sends calls and text messages to customers to encourage them to buy more from it, without first getting their permission for this telemarketing. According to the complaint, this is a violation of the Telephone Consumer Protection Act (TCPA).

Cell Phone in Circle with Strikethrough

“The [Telephone Consumer Protection Act (TCPA)] was designed to protect consumers from excessive, unwanted nuisance calls, exactly like the text messages alleged in this complaint.” So says the complaint for this class action, which claims that DSW Shoe Warehouse, Inc. sent unwanted telemarketing messages to consumers without first getting their permission.

Robot in Headphones at Desktop Computer

The Telephone Consumer Protection Act (TCPA) lays out requirements for how advertisers can obtain permission to send customers telemarketing messages. However, the complaint for this class action claims that Boll & Branch obtains consumer numbers even from a simple call to their 800 number and doesn’t bother about permission.

Open Book with Title Page Saying "Telephone Consumer Protection Act"

If you contemplate buying something from a company, and fill out your information on their website, but do not complete the purchase, does that constitute “consent” to receive text messages from them? No, says the complaint for this class action. It alleges that 1Up Nutrition, LLC simply takes consumer phone numbers entered on its website and sends them telemarketing texts.

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