Leo Capital Group, LLC is facing a proposed class action lawsuit that claims the company violated the Telephone Consumer Protection Act (TCPA) by placing illicit telemarketing calls to consumers without securing prior consent to do so.
The TCPA is a law passed by Congress in 1991 to protect people from unauthorized and excessive telemarketing. The statute forbids the use of automatic telephone dialing systems (ATDS) to place pre-recorded or robocalls without first securing prior express written consent from the called party. Further, the TCPA forbids unauthorized telemarketing calls to those whose numbers are included in the National Do-Not-Call Registry (DNC).
According to the case, the lead plaintiff is registered in the DNC yet received a call from the defendant in July 2019. The suit claims that this call was placed using an ATDS and that the plaintiff never provided express written consent to receive communications from the company. According to the complaint, the defendant’s actions amount to a knowing and willful violation of the TCPA.
The suit looks to represent a class covering all persons in the U.S. who received telemarketing calls on their cell phone that were made with an ATDS or included an artificial or pre-recorded voice without giving the defendant prior consent within the past four years. The suit also seeks to represent a class of consumers registered on the DNC for at least 30 days who had no previous business relationship with Leo Capital yet still received more than one telemarketing call from the defendant without prior consent during the past four years.