Build A Dream’s Alleged Telemarketing Calls in Violation of the Telephone Consumer Protection Act

On February 16, 2018, a class action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”) was filed against “construction lender” Build A Dream, Inc. in United States District Court, Central District of California, “seeking damages and other available legal or equitable remedies resulting from the illegal actions of Defendant, [Build A Dream, Inc.] . . . in negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff’s home telephone in violation of the [TCPA] . . . and related regulations, specifically the National Do-Not-Call provisions, thereby invading Plaintiff’s privacy.”

According to the complaint, “[b]eginning as early as January of 2015, and continuing on through 2017, [Build A Dream] contacted Plaintiff on Plaintiff’s home telephone number . . . in an attempt to solicit Plaintiff to purchase [Build A Dream’s] services.”

In July 2003, the Plaintiff’s home telephone number was added to the National Do Not Call Registry, and Build A Dream, allegedly, contacted or attempted to contact the Plaintiff from the following Build A Dream-related telephone numbers:  (626) 238-0582, (626) 238-0317, (626) 238-1583, (626) 238-1033, (626) 238-0289, (626) 238-0272, (626) 238-0527, (626) 427-2291, (626) 427-9644, (626) 427-0246, and (626) 427-0229.

Further, the class action complaint alleges that Build A Dream’s telephone calls to the Plaintiff were “not for emergency purposes” and “were an attempt to promote or sell [Build A Dream’s] services.” The Plaintiff “did not have an established business relationship with [Build A Dream] during the time of the solicitation calls from [Build A Dream],” and Build A Dream “continued to call Plaintiff,” despite the Plaintiff having “expressly asked [Build A Dream] to stop calling in one of [Build A Dream’s] earlier phone calls.”

Among other relief, the class action seeks statutory damages of $500 for each TCPA violation, as well as triple, or treble, damages of $1,500 for each knowing or willful TCPA violation.

Have You Received Unsolicited, Unwanted or Harassing Telemarketing Calls or Autodial, Automated or Prerecorded “Robocalls” or Text Messages to Your Cellular Telephone from Telemarketers, Banks or Credit Card, Mortgage, Student Loan or Other Companies Without Your Prior Express Consent?
Have You Received Debt Collection Robocalls On Your Cellular Telephone Where You Requested Not to Receive, or Opted-Out from Receiving, Automated Debt Collection Calls?
Have You Received “Junk Fax” Advertisements That You Did Not Consent to Receive?

If so, you may have grounds to bring a private right of action, or lawsuit, under the Telephone Consumer Protection Act to try and recover statutory damages of between $500 and $1,500 for each TCPA violation.  If you would like to speak privately with an attorney at no cost or obligation to you about your potential legal rights or claims, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or send an e-mail to [email protected].

Kehoe Law Firm, P.C.