A proposed class action lawsuit claims Fidelity First Real Estate and Mortgage Inc. has placed unlawful telemarketing calls to consumers’ cell phones without securing their prior consent to be contacted.
The eight-page case claims the defendant, which does business as Fidelity First Funding, has violated the Telephone Consumer Protection Act (TCPA) and owes consumers up to $1,500 for each allegedly unlawful call.
The plaintiff, a Winchester, California resident, says the mortgage lender called his cell phone in February 2021 in an attempt to sell its services. According to the suit, Fidelity First then called the plaintiff another three times in February and March for non-emergency purposes. Per the case, non-emergency telemarketing calls placed using an automatic telephone dialing system or with an artificial or prerecorded voice are illegal under the TCPA unless the caller first obtains the recipient’s express written consent to be contacted.
The plaintiff claims to have never been a customer of the defendant nor provided the company with any personal information, including his cell phone number, “for any purpose whatsoever.” As such, Fidelity First never obtained the plaintiff’s prior express consent to be contacted using an automatic telephone dialing system or an artificial or prerecorded voice, the lawsuit alleges.
The suit looks to cover anyone in the U.S. who, within the past four years, received a call from the defendant to their cell phone that was made using an automatic telephone dialing system or artificial or prerecorded voice and who never provided prior consent to receive such a call.
According to the lawsuit, those who meet the aforementioned criteria are owed $500 for each call determined to be made negligently or $1,500 for each call determined to be made willfully and knowingly by the defendant.
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