Bankroll Capital Unwanted Faxes TCPA Class Action

The Telephone Consumer Protection Act (TCPA) tries to protect consumers from unwanted telemarketing, whether it comes in the form of calls, text messages, or faxes. The complaint for this class action alleges that Bankroll Capital, Inc. violates the TCPA by sending consumers junk faxes advertising its services.

The class for this action is all persons in the US who received faxes from Bankroll Capital to their fax machines that were sent through the use of a fax machine, where the persons had not previously consented to receive those messages.

Congress passed the TCPA in 1991, when telecommunications equipment had become more readily available to advertisers, resulting in a barrage of telemarketing to consumers. It has since been revised, tightening regulations, but the general aim of the law is to require businesses who wish to telemarket to get permission from consumers before sending out their solicitations.

Faxes are also considered telemarketing. Consumers can be injured by unwanted faxes: They tie up telephone lines and fax machines and prevent wanted communications from reaching their targets They use up ink or toner and paper. And they waste the time of staff members who have to figure out what to do with them.

The plaintiff in this case is Louis Floyd, bringing suit against Bankroll and “Does 1 through 10 inclusive”—that is, other parties, at the moment unidentified, who might also have played a significant role in sending the faxes and thereby violating the TCPA.

The complaint alleges, “In or around March of 2019, [Bankroll] contacted [Floyd] on his telephone facsimile numbers ending in -4206, in an effort to sell or solicit its services.” The complaint says that the numbers from which the faxes came have been confirmed as belonging to Bankroll.

No specifics are given in the short complaint about the content of the faxes. The complaint does assert that the faxes sent did not constitute messages that were sent for emergency purposes.

The complaint alleges that the sending of the faxes was a violation of the TCPA, because Floyd did not give his permission for Bankroll to send him faxes: “[Floyd] is not a customer of [Bankroll’s] services and has never provided any personal information, including his telephone facsimile number(s), to [Bankroll] for any purpose whatsoever. Accordingly, [Bankroll] never received [Floyd’s] ‘prior express consent’ to receive message[s] using a telephone facsimile machine…”

The complaint claims that the violations were either negligent or knowing and willful. Negligent violations carry a penalty of up to $500 per incident, while for knowing and willful ones, the penalty is up to $1,500.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Bankroll Capital Unwanted Faxes TCPA Complaint

May 22, 2020

The Telephone Consumer Protection Act (TCPA) tries to protect consumers from unwanted telemarketing, whether it comes in the form of calls, text messages, or faxes. The complaint for this class action alleges that Bankroll Capital, Inc. violates the TCPA by sending consumers junk faxes advertising its services.

Bankroll Capital Unwanted Faxes TCPA Complaint

Case Event History

Bankroll Capital Unwanted Faxes TCPA Complaint

May 22, 2020

The Telephone Consumer Protection Act (TCPA) tries to protect consumers from unwanted telemarketing, whether it comes in the form of calls, text messages, or faxes. The complaint for this class action alleges that Bankroll Capital, Inc. violates the TCPA by sending consumers junk faxes advertising its services.

Bankroll Capital Unwanted Faxes TCPA Complaint
Tags: TCPA, Unsolicited Faxes