Gold Capital Fund Unwanted Text Messages TCPA Class Action

The Telephone Consumer Protection Act (TCPA) prohibits businesses from inflicting telemarketing on consumer cell phones unless they have the consent of the consumers. The prohibition applies to calls, faxes, messages, and texts as well as regular voice calls. The complaint for this class action alleges that Gold Capital Fund, LLC placed illegal calls to consumer cell phones in an attempt to advertise its business.

The No Consent Class for this action is all persons who, between July 21, 2016 and July 21, 2010, (1) were sent a text message by or on behalf of Gold Capital, (2) using an automatic telephone dialing system, (3) for the purpose of soliciting the recipient to purchase or invest in Gold Capital’s goods or services, and (4) for whom Gold Capital either admits that it did not receive prior express written consent or claims that it received prior express written consent in the same manner as it received it from the plaintiff in this case.

Under the TCPA, telemarketers may not make 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 rules and regulations for the law even provide specifics for how the consent may be obtained. A business must show that it obtained the consumer’s signature in a form that offers a “‘clear and conspicuous disclosure’ of the consequences of providing the requested consent …. And having received this information, agrees unambiguously to receive such calls at a telephone number the [consumer] designates.”

Nevertheless, on January 27, 2020, Gold Capital sent a text message to Hugh Robinson’s cell phone.

The message said: Hey, It’s Mike from Gold Capital. I Provide Businesses with Working Capital, Revolving Lines of Credit, Consolidation, Invoice Factoring, Payroll Advance and Term Loans to[] business owners like yourself. Funding is Complete within 24hrs with no UCC-1 Lien Filed. When can we get on a call?”

The message is clearly telemarketing, the complaint says, “because it encouraged the future purchase or investment in property, goods, or services, i.e., selling [Robinson] business funding.” In addition, the complaint alleges that the impersonal and generic nature of the message shows that it was sent as part of a mass mailing, through the use of an automatic dialing system.

Also, Robinson claims he had never given Gold Capital his cell phone number or permission to call him.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Gold Capital Fund Unwanted Text Messages TCPA Complaint

July 21, 2020

The Telephone Consumer Protection Act (TCPA) prohibits businesses from inflicting telemarketing on consumer cell phones unless they have the consent of the consumers. The prohibition applies to calls, faxes, messages, and texts as well as regular voice calls. The complaint for this class action alleges that Gold Capital Fund, LLC placed illegal calls to consumer cell phones in an attempt to advertise its business.

Gold Capital Fund Unwanted Text Messages TCPA Complaint

Case Event History

Gold Capital Fund Unwanted Text Messages TCPA Complaint

July 21, 2020

The Telephone Consumer Protection Act (TCPA) prohibits businesses from inflicting telemarketing on consumer cell phones unless they have the consent of the consumers. The prohibition applies to calls, faxes, messages, and texts as well as regular voice calls. The complaint for this class action alleges that Gold Capital Fund, LLC placed illegal calls to consumer cell phones in an attempt to advertise its business.

Gold Capital Fund Unwanted Text Messages TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer