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Fundbox Auto-Dialed Telemarketing Calls to Cell Phones TCPA Class Action

The complaint for this class action charges that Fundbox, Inc., a business loan company, violated the Telephone Consumer Protection Act (TCPA) by making telemarketing calls to cells phones using automatic dialing systems.

The class for this action includes all persons within the US,

  • To whom Fundbox, or a third party acting on its behalf, made one or more non-emergency calls,
  • To their cell phone,
  • Promoting Fundbox’s services,
  • Using an automatic telephone dialing system and/or an artificial or pre-recorded voice,
  • Between July 24, 2013 and the trial of this case.

The TCPA was passed by Congress in an effort to stop abuses of consumers made possible by advances in technology. Automated telephone dialing systems and recorded messages made it possible for companies to call thousands of consumers with little trouble or expense to themselves, creating a nuisance and invading privacy.

The case of cell phones was particularly troubling because cell phone service providers usually charged consumers for incoming as well as outgoing calls. The TCPA therefore forbid non-emergency calls to cell phones using automatic dialing systems and/or artificial or pre-recorded voices, unless the company had the cell phone owner’s prior written consent to such calls.

On June 21, 2017, plaintiff James Everett Shelton claims he received a telemarketing call from Fundbox on his cell phone, which had been registered for more than thirty days with the Do Not Call Registry. The complaint alleges that the call was made with an automatic dialing system, since Shelton said “Hello?” several times before he was connected to a human being.

The complaint claims that the person gave Shelton a scripted sales pitch about business funding, then transferred him to someone called “Kamil” who later sent him an e-mail about the subject. On June 23, the complaint says, Shelton received another call on his cell phone from the company, again made with an automatic telephone dialing system, trying to get him to use their services.

The complaint alleges that Shelton had never given Fundbox his cell phone number, nor had he given his consent to the calls, and that Fundbox therefore both negligently and willfully violated the TCPA. 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Fundbox Auto-Dialed Telemarketing Calls to Cell Phones TCPA Complaint

July 24, 2017

The complaint for this class action charges that Fundbox, Inc., a business loan company, violated the Telephone Consumer Protection Act (TCPA) by making telemarketing calls to cells phones using automatic dialing systems. Fundbox made telemarketing calls to plaintiff James Everett Shelton’s cell phone, using an automatic dialing system, even though the phone was listed on the Do Not Call Registry. 

fundbox_tcpa_complaint.pdf

Case Event History

Fundbox Auto-Dialed Telemarketing Calls to Cell Phones TCPA Complaint

July 24, 2017

The complaint for this class action charges that Fundbox, Inc., a business loan company, violated the Telephone Consumer Protection Act (TCPA) by making telemarketing calls to cells phones using automatic dialing systems. Fundbox made telemarketing calls to plaintiff James Everett Shelton’s cell phone, using an automatic dialing system, even though the phone was listed on the Do Not Call Registry. 

fundbox_tcpa_complaint.pdf
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer