1st Reliant Home Loans Hit with TCPA Suit Over Alleged Spam Calls
by Erin Shaak
Fabricant v. 1st Reliant Home Loans, Inc.
Filed: August 20, 2020 ◆§ 8:20-cv-01549
A class action claims 1st Reliant Home Loans has placed unlawful telemarketing calls to consumers’ cell phones without obtaining prior express consent to do so.
California
A proposed class action claims 1st Reliant Home Loans, Inc. has placed unlawful telemarketing calls to consumers’ cell phones without obtaining prior express consent to do so.
The plaintiff claims the lender began calling him in October 2018 in an attempt to sell its business loans, lines of credit and other financial products. According to the suit, the non-emergency calls were placed using an automatic telephone dialing system from phone numbers that include (949) 346-9002.
Per the complaint, the plaintiff was not a customer of 1st Reliant Home Loans and had provided the company with neither his cell phone number nor express consent to contact him using an automatic telephone dialing system or prerecorded voice.
The plaintiff suspects the defendant has failed to implement policies and procedures to ensure the company complies with the Telephone Consumer Protection Act, a law that prohibits calls such as those allegedly placed to the man’s cell phone. From the complaint:
“Plaintiff alleges upon information and belief, including without limitation his experiences as recounted herein, especially his experience of being called despite Defendant’s lack of express consent to call him, that Defendant lacks reasonable policies and procedures to avoid the violations of the Telephone Consumer Protection act herein described.”
The lawsuit looks to represent anyone in the U.S. who, within the past four years, received to their cell phone any solicitation/telemarking phone calls from the defendant that were placed using an automatic telephone dialing system or prerecorded or artificial voice and who never previously consented to receiving such calls.
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