Feb 17, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
Eldercare Insurance Services Inc.; Integrity Marketing Group LLC
Class action lawsuit filed on February 17, 2020 in United States District Court for the Western District of Arkansas against Eldercare Insurance Services Inc. and Integrity Marketing Group LLC “to stop both of the Defendants from violating the Telephone Consumer Protection Act by making unsolicited calls to consumers, including to consumers registered on the National Do Not Call registry . . . and to obtain monetary relief for all persons injured by Defendants’ conduct.”
According to the class action complaint, “[a]s a result of the tools provided by Eldercare [Insurance Services] at [Integrity Marketing Group’s] direction, senior consumers such as Plaintiff are receiving unsolicited telemarketing calls, despite having their phone numbers registered on the [National Do Not Call registry].”
Examples of online consumer complaints in the class action complaint regarding unsolicited telemarketing calls, allegedly, made by agents of Eldercare Insurance Services are as follows (citations omitted):
• “My number is on the no call list. why am I getting these calls about medicare supplements?”[]
• “Today the caller identified herself as an agent with Eldercare. They are going to hold a meeting in my county to show everyone how to save money on Medicare supplements. The telephone number 501-781-0190 appeared in caller ID but without a name.”[]
• “Health Insurance for Medicare recipients. Very pushy, would not provide any info by any means other than having a sales rep come to my house to explain their options. I said a very firm no to sales rep visit to my home, at which point the person became even angrier. I requested my number be removed from their data base.”[]
• “ID Hot Springs. Call from Rhonda at Elder Care to Medicare recipients. Called twice within 3 hours. Told me she had not called prior, must have been someone else. Wouldn’t answer questions about where she got my number. Told her not to call again and remove my name from her call list. Whatever happened to Do Not Call??”[]
• “Have received two calls from this number in one week asking questions about Medicare. Hung up both times.”[]
• “telemarketing for medicare”[]
• “Robocall”[]
• “Medicare telemarketing”[]
• “I have received calls from this number every day, morning noon and night how can I stop it. SO VERY ANNOYED”[]
According to the complaint, the Plaintiff’s telephone number was registered on the National Do Not Call registry “to avoid receiving unwanted calls,” and “was not looking to purchase any supplementary Medicare insurance, such as the products/services offered by Eldercare.” The Plaintiff, however, allegedly received unsolicited telephone calls from a telephone number associated with Eldercare Insurance Services, (800) 999-7340, despite not having the “Plaintiff’s prior express written consent to place solicitation telephone calls to her on her landline telephone number.”
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.
Feb 17, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filings:
Makes Cents Capital LLC
Class action lawsuit filed on February 14, 2020 in United States District Court, Central District of California, against Makes Cents Capital LLC and other defendants, as of yet unknown, for, allegedly, “negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff’s cellular telephone in violation of the Telephone Consumer Protection Act . . . and related regulations, specifically the National Do-Not-Call provisions, thereby invading Plaintiff’s privacy.” According to the complaint, Makes Cents Capital, “a business finance company,” “contacted Plaintiff on Plaintiff’s cellular telephone . . . in an attempt to solicit Plaintiff to purchase [Makes Cents Capital’s] services.” Allegedly, Makes Cents Capital did not have the Plaintiff’s “prior express consent” to make calls to Plaintiff “using an automatic telephone dialing system or an artificial or prerecorded voice on [Plaintiff’s] cellular telephone.”
Aziz Abdelaziz Group Corp.
Class action lawsuit filed on February 14, 2020 in United States Distrcit Court, Central District of California, against “licensed real estate broker” Aziz Abdelaziz Group Corp. and other defendants, as of yet unknown, for, allegedly, “negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff’s home and cellular telephones in violation of the Telephone Consumer Protection Act . . . and related regulations, specifically the National Do-Not-Call provisions, thereby invading Plaintiff’s privacy.” According to the class action complaint, Aziz Abdelaziz Group “contacted or attempted to contact Plaintiff on Plaintiff’s home and cell phone numbers from telephone number (954) 652-9258,” in an effort “to solicit Plaintiff to purchase [Aziz Abdelaziz Group’s] services.” The complaint states that the “Plaintiff did not have an established business relationship with [Aziz Abdelaziz Group] during the time of the solicitation calls from Defendant.” Additionally, according to the class action complaint, “Plaintiff expressly asked Defendant multiple times to be removed from Defendant’s call list,” and “Plaintiff did not give [Aziz Abdelaziz Group] prior express written consent for Defendant to call Plaintiff’s home or cellular telephone for marketing or solicitations purposes.”
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.
Feb 17, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filings:
Advanced Marketing & Processing, Inc. d/b/a Protect My Car
Class action lawsuit filed on February 14, 2020 in United States District Court, Central District of California, against Advanced Marketing & Processing, Inc., d/b/a Protect My Car, and other defendants, as of yet unknown, for, allegedly, “negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff’s cellular telephone in violation of the Telephone Consumer Protection Act.” According to the class action complaint, Advanced Marketing & Processing is an insurance company that contacted Plaintiff on Plaintiff’s cellular telephone “seeking to sell or solicit its business services,” without “receiv[ing] Plaintiff’s ‘prior express consent’ to receive calls using an automatic telephone dialing system or an artificial or prerecorded voice on [Plaintiff’s] cellular telephone.”
Fundkite, Inc.
Class action lawsuit filed on February 14, 2020 in United States District Court, Central District of California, against Fundkite, Inc., a “business lending company,” for, allegedly, “negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff’s cellular telephone in violation of the Telephone Consumer Protection Act.” According to the class action complaint, Fundkite “used an ‘automatic telephone dialing system’ . . . to place its call to Plaintiff seeking to solicit its services,” without having “Plaintiff’s ‘prior express consent’ to receive calls using an automatic telephone dialing system or an artificial or prerecorded voice on [Plaintiff’s] cellular telephone.” According to the complaint, Fundkite “contacted or attempted to contact Plaintiff” from (516) 219-0007 and (530) 744-2256.
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.
Feb 17, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filings:
Denefits, LLC
Class action lawsuit filed February 14, 2020 in United States District Court, Central District of California, Southern Division, against Denefits, LLC, “a finance company [that, allegedly,] [t]o collect on debt owed to it, . . . engages in debt collection through unwanted text messaging and phone calls, harming thousands of consumers in the process.” According to the complaint, Denefits, “despite Plaintiff’s revocation of consent to be called, . . . called and texted Plaintiff numerous times using an Automated Telephone Dialing System.” The Plaintiff received text messages from the following telephone numbers, which, according to the complaint, are “owned and operated by [Denefits]”: (646) 650-2729, (949) 367-1018, (646) 776-1379, and (480) 939-3316.
The Lampe Company, LLC
Class action lawsuit filed on February 14, 2020 in United States District Court, Southern District of California, against The Lampe Company, LLC for, allegedly, “negligently, and/or willfully contacting Plaintiff for marketing purposes on [Plaintiff’s] cellular telephone, in violation of the Telephone Consumer Protection Act.” According to the class action complaint, the Plaintiff was texted on Plaintiff’s cellular telephone by The Lampe Company from (215) 551-6124 with a message that, according to the complaint, stated, “‘Kyle, Uncover how to receive loads of cash marketing Insurance instead of selling it. Reply 1 for more Info’.” The Plaintiff, allegedly, to determine who sent him a text, responded with a “1” and received the following message: “’Thanks for your response. A rep will call you shortly. In the meantime, call 989-999-0898 for a quick overview of this awesome product!’” According to the complaint, telephone number (989) 999-0898 “leads to a prerecorded message from Diane Lampe, principal of The Lampe Company LLC, with a sales pitch of certain insurance products.”
The J.G. Wentworth Company
Class action lawsuit filed on February 14, 2020 in United States District Court, Eastern District of New York, against The J.G. Wentworth Company for, allegedly, “sending automated text message advertisements to his cellular telephone and the cellular telephones of numerous other individuals across the country, in clear violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (‘TCPA’).” According to the compalint, “[d]uring the preceding four years, [The J.G. Wentworth Company] transmitted, by itself or through an intermediary or intermediaries, at least one text message to Plaintiff’s . . . [n]umber and at least one text message (that was identical to or substantially the same as those received by Plaintiff) to each member of the putative Class.” Allegedly, “[a]ll of the subject text messages received by Plaintiff and the members of the putative Class were transmitted by or on behalf of [The J.G. Wentworth Company] without the prior ‘express written consent’ of Plaintiff or any member of the putative Class.” The class action complaint contained the following example of a text message sent to Plaintiff’s cell phone: “Hello! This is Ashlee from JG Wentworth. We can communicate through text if you prefer, or you can call me [(866) 494-3690]. I look forward to hearing from you.” Additionally, “[e]ach unsolicited text message sent by or on behalf of [The J.G. Wentworth Company] to Plaintiff’s . . . [number] originated from telephone number (484) 870-9094.”
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.
Feb 16, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware that on February 13, 2020, a class action lawsuit was filed in United States District Court, Central District of California, against Hosopo Corporation for, allegedly, violating the Telephone Consumer Protection Act (“TCPA”) by “sending automated text messages advertisements to [Plaintiff’s] cellular telephone and the cellular telephones of numerous other individuals across the country.” According to the complaint, “[a]ll of the subject text messages received by Plaintiff and the members of the putative Class were transmitted by or on behalf of Hosopo Corporation without the requisite prior ‘express written consent’ of Plaintiff or any member of the putative class.”
The class action complaint contained the following example of a text message “[Hosopo Corporation] transmitted or caused to be transmitted, by itself or through an intermediary or intermediaries, and without Plaintiff’s prior ‘express written consent'”:
Black Friday Promotion! Horizon Solar Power paying DOUBLE for referrals. 1st = $1,000, 2nd = $2,000. HURRY ODDER ENDS SOON. Click Here http://bit.ly/2wORRVG
According to the complaint, the text message originated from dedicated SMS short code 33257.
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.
Feb 14, 2020 | Consumer Protection, Employment & Technology Archive
Fifth Third Bancorp Update About Its Investigation of Former Employees That Misused and Accessed Customer Information
Kehoe Law Firm, P.C. continues its data breach investigation and is making consumers aware that on February 13, 2020, Fifth Third Bancorp [Fifth Third] released an “update on its investigation into a small number of former employees in Cincinnati who accessed and misused some customers’ personal information.”
Among other things, the update stated that “[l]ast week [Fifth Third] reached out to customers whose personal information was manually accessed by a small number of former employees and may have been shared with people outside of the bank as part of a fraud ring.” According to Fifth Third, “. . . this was not a cybersecurity data breach event, but rather an orchestrated effort by a small group of employees to steal personal information. Fifth Third stated that “[a]t this time, [FifthThird has] confirmed approximately 100 customers who have experienced known fraud.”
Have You Been Impacted by A Data Breach?
If so, please either contact Kehoe Law Firm, P.C. Partner Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form on the right or send an e-mail to [email protected] for a free, no-obligation case evaluation of your facts to determine whether your privacy rights have been violated and whether there is a basis for a data privacy class action.
Examples of the type of relief sought by data privacy class actions, include, but are not limited to, reimbursement of identity theft losses and of out-of-pocket costs paid by data breach victims for protective measures such as credit monitoring services, credit reports, and credit freezes; compensation for time spent responding to the breach; imposition of credit monitoring services and identity theft insurance, paid for by the defendant company; and improvements to the defendant company’s data security systems.
Data privacy class actions are brought on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs. Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class.
