A proposed class action claims Y Z Commerce LLC and CreditFix.com have placed unlawful automated robocalls to promote their credit repair services without first securing recipients’ consent to be contacted.
The 10-page case alleges the defendants have overstepped the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the use of automated dialing technology to place non-emergency telemarketing calls to consumers who never provided their prior express consent to receive the calls.
The plaintiff claims to have received on September 20, 2017 a call in which he was offered credit repair services. Per the case, the plaintiff initially heard a recorded message before being placed on the line with a live representative who said she was calling from CreditFix.com.
According to the suit, the calls were placed for commercial purposes by the defendants or a third party acting on their behalf. The plaintiff says he never provided his consent to receive the non-emergency telemarketing calls or otherwise had any form of business relationship with CreditFix.
Per the case, the plaintiff was harmed by the defendants’ calls, which the suit alleges were placed using an automatic telephone dialing system in violation of the TCPA.
“Plaintiff’s privacy was wrongfully invaded, and Plaintiff has become understandably irritated and frustrated with having to deal with repeated and unwanted calls, forcing him to divert attention away from his work and other activities,” the complaint reads. “Not only did the receipt of the robocalls distract Plaintiff away from his personal activities, he was forced to spend time investigating the source of the calls.”
The lawsuit looks to represent anyone in the U.S. who, within the past four years, received to their phone number a call from the defendants or anyone acting on their behalf that used a prerecorded or artificial voice and advertised the companies’ services and who never provided their prior express consent to receive the call.
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