A proposed class action claims LVNV Funding, LLC has overstepped the Telephone Consumer Protection Act (TCPA) by placing robocalls to consumers’ cell phones without securing prior express consent to do so.
According to the case, the debt collector “routinely” places calls that feature an artificial or recorded voice via an automatic telephone dialing system (ATDS) that can place calls en masse without human intervention. The lawsuit argues that this practice violates federal law unless the caller has secured the recipient’s express written consent to be contacted.
The plaintiff says that LVNV in March 2020 began placing robocalls to his cell phone over an alleged debt the company claimed he owed. Per the case, the plaintiff had only acquired his cell phone number a few months before the calls began and never provided the number to the defendant or the creditor that placed, assigned or transferred the alleged debt to LVNV.
“Accordingly, Plaintiff never provided Defendant or its predecessor with prior express consent to receive autodialed calls or calls with prerecorded messages to his cellular phone number ending in ‘7893,’” the complaint reads.
The plaintiff claims he received at least two non-emergency calls from the defendant that were placed using an ATDS as defined by the TCPA.
According to the suit, the plaintiff and other consumers were harmed by LVNV’s alleged practice of placing unlawful robocalls to consumers’ cell phones and will continue to be harmed absent relief from the court. From the complaint:
“When Defendant makes such unsolicited calls without obtaining prior express consent, it fails to address or respect the limitations imposed by the TCPA. In doing so, Defendant invades Plaintiff and similarly situated persons’ privacy and violates the spirit and intent behind the TCPA, and will continue to do so unless Plaintiff and the Class are granted redress.”
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