, LLC – Alleged Telephone Consumer Protection Act Violations

On February 27, 2018, a Telephone Consumer Protection Act class action complaint was filed in United States District Court, Central District of California, against, LLC.  The lawsuit alleges that beginning in April 2017,, “a marketer and seller of loans and related products,” placed multiple telephone calls to the Plaintiff’s cell phone soliciting’s business.  Defendant, allegedly, attempted to contact the Plaintiff’s cellular telephone from telephone number (813) 330-3850, among others.

The calls Plaintiff received were, allegedly, not for emergency purposes; were placed to a telephone number assigned to a cellular service for which the Plaintiff incurs a charge for incoming calls; and for which did not possess Plaintiff’s prior express consent to receive such calls using an automatic telephone dialing system or an artificial or prerecorded voice on Plaintiff’s cellular telephone, pursuant to, respectively, 47 U.S.C. § 227(b)(1) and  47 U.S.C. § 227(b)(1)(A).

The Plaintiff, Miguel Napoles, brought the class action individually and on behalf of all others similarly situated in the United States who, within the past four years, received any solicitation/telemarketing telephone calls from to a cellular telephone made through the use of any automatic telephone dialing system or an artificial or prerecorded voice without having previously consented to receiving such calls.  The class action seeks statutory damages of $500 for each and every TCPA violation and triple, or treble, damages of $1,500 for each and every knowing or willful TCPA violation.

Have You Received Unsolicited, Unwanted or Harassing Autodial, Automated or Prerecorded “Robocalls” or Text Messages to Your Cellular Telephone from Telemarketers, Banks or Credit Card, Mortgage, Student Loan or Other Companies on Your Cell Phone 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.