in Newswire Published on May 13, 2021

First California Financial Hit with Class Action Over Alleged Telemarketing Calls

Ofiteru v. First California Financial, Inc.

Filed: May 7, 2021 ◆§ 3:21-cv-03423

First California Financial allegedly used prerecorded messages in “mass automated marketing calls” without obtaining consumers’ prior express consent to be contacted.

Defendant(s)

First California Financial, Inc.

Law(s)

Telephone Consumer Protection Act

State(s)

California

First California Financial, Inc. faces a proposed class action over its alleged use of prerecorded messages in placing “mass automated marketing calls” without obtaining consumers’ prior express consent to be contacted.

The lawsuit claims the defendant’s conduct, which, according to the suit, amounts to violations of the Telephone Consumer Protection Act (TCPA), has disrupted the daily life of “thousands of individuals” by invading their privacy and causing harassment and aggravation.

The defendant, which offers home loan and refinancing services, placed in January 2021 a prerecorded message to the plaintiff’s cell phone, the case alleges. Per the suit, the message stated that the call was being placed by one of First California Financial’s representatives, who relayed they “just wanted to give you a follow-up call on mortgage interest rates, currently we’re at 2.75% with 0 points, so if you’re interested give me a call back 714 606 8400 and I’ll be happy to go over the options with you. Have a great day.”

The plaintiff, a Sonoma County, California resident, says she was “easily able to determine” that the call, which was placed from the phone number 949-421-1000, was a prerecorded message According to the suit, First California Financial never obtained the plaintiff’s consent before placing a prerecorded telemarketing call to her cell phone—in direct violation of the TCPA, the case says.

The lawsuit claims the defendant has caused similar prerecorded messages to be sent to thousands of California consumers without securing their prior express consent to receive them.

The case looks to cover anyone in the U.S. who, within the past four years, was sent a prerecorded message by or on behalf of the defendant regarding the company’s goods, products or services and for which First California failed to secure their express written consent.

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