First Meridian Financial Unwanted Telemarketing TCPA Class Action

First Meridian Financial, Inc. is a company that provides small business loans. Unfortunately, it seems that it offers these loans to the public at least in part via unlawful telemarketing calls. The complaint for this class action alleges that the company has violated the Telephone Consumer Protection Act (TCPA) with its unwanted calls to consumer cell phones.

The class for this action is all persons in the US who received a call on their cell phones from First Meridian, between December 18, 2016 and the date of the certification of the class in this case, where the call was made using an automatic telephone dialing system or an artificial or prerecorded voice, and where the persons had previously not consented to receive such calls.

The TCPA was intended to give consumers some say in which businesses were allowed to contact them on their private residential or cell phone lines. Under the TCPA, telemarketers may not place non-emergency calls to consumer cell phones, using automatic telephone dialing systems or artificial or prerecorded voices, unless they have the consumers’ prior express written consent to receive such calls.

The plaintiff in this case, Mariano Benitez, began receiving calls on his cell phone from First Meridian on July 18, 2019. The purpose of the calls was to solicit Benitez to use the services of First Meridian.

The calls, the complaint alleges, were made through the use of an automatic telephone dialing system, and at one or more points the company also used an artificial or prerecorded voice.

The complaint alleges that Benitez “is not a customer of [First Meridian’s] services and has never provided any personal information, including his cellular telephone number, to [First Meridian] for any purpose whatsoever.”

This means, the complaint claims, that Benitez has never given his “prior express consent” to receive on his cell phone calls that were made with an automatic telephone dialing system or an artificial or prerecorded voice.

Violations of the TCPA may be either negligent or willful and knowing. For negligent violations, consumers may receive an award of up to $500 per call in statutory damages. For willful or knowing violations, consumers may receive an award of up to $1,500 per call in statutory damages. They may also ask for injunctive relief, to prohibit the defendants from making any further such calls in the future.

The complaint alleges both. The complaint asks for damages for both, along with “[a]ny and all other relief the Court deems just and proper.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

First Meridian Financial Unwanted Telemarketing TCPA Complaint

December 18, 2020

First Meridian Financial, Inc. is a company that provides small business loans. Unfortunately, it seems that it offers these loans to the public at least in part via unlawful telemarketing calls. The complaint for this class action alleges that the company has violated the Telephone Consumer Protection Act (TCPA) with its unwanted calls to consumer cell phones.

First Meridian Financial Unwanted Telemarketing TCPA Complaint

Case Event History

First Meridian Financial Unwanted Telemarketing TCPA Complaint

December 18, 2020

First Meridian Financial, Inc. is a company that provides small business loans. Unfortunately, it seems that it offers these loans to the public at least in part via unlawful telemarketing calls. The complaint for this class action alleges that the company has violated the Telephone Consumer Protection Act (TCPA) with its unwanted calls to consumer cell phones.

First Meridian Financial Unwanted Telemarketing TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer