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Use of Automatic-Capable Dialer

Cell Phone in Circle with Strikethrough

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 The complaint for this class action alleges that Capital One, NA continued to send text messages even after consent was revoked.

Comenity Bank Logo

According to the complaint for this class action, Comenity Bank “bears the dubious distinction of perhaps being the most abusive robocalling debt collector in the country.” The complaint brings suit not under debt collection laws but primarily under the Telephone Consumer Protection Act (TCPA).

Lyft Logo

Does Lyft, Inc. look for drivers via calls which violate the Telephone Consumer Protection Act (TCPA)? The complaint for this class action alleges that Lyft “has a policy and regular practice of placing calls, or knowingly sanctioning such calls, to consumers using a prerecorded or automated voice and an ATDS” or an automated telephone dialing system. 

Keller Williams Realty Logo

Does Keller Williams Realty, Inc. teach its realtors to break the law? The complaint for this class action alleges that, during their training, Keller Williams realtors are told to get leads and to make calls with automatic dialing systems, in ways that may violate the Telephone Consumer Protection Act (TCPA).

Cell Phone in Circle with Strikethrough

Every week brings the filing of more class actions against companies who are accused of violating the Telephone Consumer Protection Act (TCPA). Have they never heard of this law, or do they simply not care? In this case, it’s a technical school called Universal Technical Institute, Inc. that is alleged to have violated the law against invading the privacy of consumers with telemarketing calls.

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

The Telephone Consumer Protection Act (TCPA) requires companies who do telemarketing to maintain internal Do Not Call lists and honor consumer requests to be put on these lists. However, the complaint for this class action alleges that Oxford Marketing Partners, LLC does not honor such requests—and that this is in addition to unlawfully contacting consumers to begin with.

Comenity Bank Logo

The complaint begins by asserting, “Comenity remains one of, if the not the most abusive, robodialer in the country.” It is referring to Comenity Bank, which it claims “blasted Plaintiff’s cellular telephone with over 379 calls … in the span of two months” for an account that it claims was only one month delinquent. The complaint brings suit under the Telephone Consumer Protection Act (TCPA).

Sun Tan City Storefront

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.

Cell Phone in Circle with Strikethrough

Debt collectors may contact a consumer debtor by picking up a receiver and dialing a number individually. What they may not do is call consumer cell phones using automatic dialing equipment, according to the Telephone Consumer Protection Act (TCPA). This class action brings suit against Direct Energy Services, LLC under the TCPA and the Texas Debt Collection Act (TDCA).

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

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).

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