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Clara Capital Unwanted Telemarketing Calls to Consumers TCPA Class Action

The Telephone Consumer Protection Act (TCPA) is a federal law that attempts to protect ordinary people from the nuisance, invasion of privacy, and expense of unwanted telemarketing calls. The complaint for this class action alleges that Clara Capital, LLC violated the TCPA by placing unwanted telemarketing calls to consumers, to try to get them to use its services.

Two features of the TCPA in particular are meant to stop businesses from calling consumers who don’t want to be called.

First, businesses may not place non-emergency calls to consumer cell phones, through the use of an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice, unless they have the consumers’ prior express written consent to receive such calls.

Second, businesses may not call consumers who have had their telephone numbers on the National Do Not Call Registry for at least thirty days more than once in any twelve-month period, unless they have an established business relationship with the business or have given them their consent to receive such calls.

Despite these provisions, Clara Capital place a call to plaintiff Terry Fabricant’s cell phone in or around February 2019. Fabricant claims he never gave the company permission to contact him. His number has been on the National DNC Registry since sometime in 2008.

The complaint says that Clara Capital “contacted or attempted to contact [Fabircant] from telephone number (5160 758-2334 which [Fabricant] alleges on information and belief was a spoofed telephone number, indicating … Clara Capital’s attempts to mask its identity to avoid accountability from placing illegal robocalls, as well as having used an ATDS to place the calls.

Two classes have been defined for this action.

The ATDS Class is all persons in the US who received any solicitation or telemarketing calls from Clara Capital to that person’s cell phone that were made between December 21, 2016 and December 21, 2020 through the use of an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice, where the person had not given their prior express written consent to receive such calls.

The DNC Class is all persons in the US whose phone number was registered on the National Do Not Call (DNC) Registry for at least thirty days who received more than one call within any twelve-month period made between December 21, 2016 and December 21, 2020, by or on behalf of Clara Capital that was meant to promote Clara Capital’s products or services, where the persons had not given Clara Capital prior express consent to receive such calls and had no prior established business relationship with Clara Capital.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Clara Capital Unwanted Telemarketing Calls to Consumers TCPA Complaint

December 21, 2020

The Telephone Consumer Protection Act (TCPA) is a federal law that attempts to protect ordinary people from the nuisance, invasion of privacy, and expense of unwanted telemarketing calls. The complaint for this class action alleges that Clara Capital, LLC violated the TCPA by placing unwanted telemarketing calls to consumers, to try to get them to use its services.

Clara Capital Unwanted Telemarketing Calls to Consumers TCPA Complaint

Case Event History

Clara Capital Unwanted Telemarketing Calls to Consumers TCPA Complaint

December 21, 2020

The Telephone Consumer Protection Act (TCPA) is a federal law that attempts to protect ordinary people from the nuisance, invasion of privacy, and expense of unwanted telemarketing calls. The complaint for this class action alleges that Clara Capital, LLC violated the TCPA by placing unwanted telemarketing calls to consumers, to try to get them to use its services.

Clara Capital Unwanted Telemarketing Calls to Consumers TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer