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Fisher Investments Unwanted Cell Phone Calls TCPA Class Action

Who is Fisher Investments, Inc.? The complaint quotes the company’s website to call it a “fee-only investment adviser serving institutional and private clients globally.” But the complaint for this class action alleges that Fisher violates the Telephone Consumer Protection Act (TCPA) by placing automated telemarketing calls to consumer cell phones, without first getting the owners’ consent.

The TCPA forbids businesses from placing calls to consumer cell phones using 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.

The rules and regulations for the TCPA spell out requirements for how that consent must be obtained: The business must obtain a signature from the cell phone owner in a form that gives the owner a “‘clear and conspicuous disclosure’ of the consequences of providing the consent … and having received this information, [the consumer] agrees unambiguously to receive such calls at a telephone number the [consumer] designates.”

In this case, plaintiff Mark Bryant began receiving calls on his cell phone from Fisher, or someone else under Fisher’s direction, in the fall of 2020. In total, the complaint says, Fisher called his cell phone around fifteen times.

When Bryant picked up one of the calls, he would hear a noticeable pause before a live person came on the line. According to the complaint, this pause suggests the use of an ATDS.

The complaint alleges that the calls were telemarketing, “because they encourage the future purchase or investment in property, goods, or services; specifically, the use of [Fisher’s] financial services.”

Bryant had never given Fisher his express consent to be contacted for telemarketing via an ATDS, the complaint says. Furthermore, his cell phone number has been on the National Do Not Call Registry since October 24, 2009.

Bryant claims he asked Fisher multiple times to stop calling him. However, the company has continued its calls.

Two classes have been proposed for this action:

  • The ATDS Class is all persons in the US to whom, between April 9, 2017 and April 9, 2021, (1) Fisher or anyone acting on its behalf (2) placed a phone call (3) to the person’s cell phone (4) using the same type of equipment used to call the plaintiff in this case (5) for the purpose of promoting or advertising its goods or services.
  • The Do Not Call Class is all persons in the US to whom, between April 9, 2017 and April 9, 2021, (1) Fisher or anyone acting on its behalf placed a phone call (2) more than once within any twelve-month period (3) where the person’s cell phone had been listed on the National Do Not Call Registry for at least thirty days (4) for the purpose of promoting or advertising its goods or services.
Article Type: Lawsuit
Topic: Investments

Most Recent Case Event

Fisher Investments Unwanted Cell Phone Calls TCPA Complaint

April 9, 2021

Who is Fisher Investments, Inc.? The complaint quotes the company’s website to call it a “fee-only investment adviser serving institutional and private clients globally.” But the complaint for this class action alleges that Fisher violates the Telephone Consumer Protection Act (TCPA) by placing automated telemarketing calls to consumer cell phones, without first getting the owners’ consent.

Fisher Investments Unwanted Cell Phone Calls TCPA Complaint

Case Event History

Fisher Investments Unwanted Cell Phone Calls TCPA Complaint

April 9, 2021

Who is Fisher Investments, Inc.? The complaint quotes the company’s website to call it a “fee-only investment adviser serving institutional and private clients globally.” But the complaint for this class action alleges that Fisher violates the Telephone Consumer Protection Act (TCPA) by placing automated telemarketing calls to consumer cell phones, without first getting the owners’ consent.

Fisher Investments Unwanted Cell Phone Calls TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer