Consumer Alert: Robocalls - TCPA Actions Recently Filed

Robocalls – TCPA Actions: Denefits, Lampe Company, J.G. Wentworth

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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.

Kehoe Law Firm, P.C.