Investment Fraud Protection Bureau Cell Phone Calls TCPA Class Action

The complaint for this class action identifies the Investment Fraud Protection Bureau as “a company offering alternative investment research for investors…” The complaint also asserts that it offers unwanted telemarketing calls to consumer cell phones, in violation of the Telephone Consumer Protection Act (TCPA).

The class for this action is all persons in the US who received a telemarketing call from the Investment Fraud Protection Bureau, which was made between October 8, 2016 and October 8, 2020, through the use of an automatic dialing system or an artificial or prerecorded voice, where the person had not given their prior consent to receiving those kinds of calls.

Congress passed the TCPA in 1991, as consumers were receiving more and more unwanted calls due to the increasing availability of automatic dialing systems and other equipment permitted companies to place tens of thousands of calls per day, with very little trouble to the companies but a great deal of annoyance to those receiving the messages.

Of particular concern were calls to consumer cell phones, because cell phone owners pay for incoming as well as outgoing calls.

As it stands, businesses are not permitted to make non-emergency calls to consumer cell phones, using automatic dialing equipment or artificial or prerecorded voices, unless they have the consumers’ prior express written consent to receive such calls.

In this case, plaintiff Terry Fabricant began receiving telemarketing calls from the Investment Fraud Protection Bureau around April 4, 2019. The calls came from a number belonging to that company. Since they were trying to get him to buy the company’s services, the complaint alleges that the calls constituted telemarketing.

According to the complaint, the calls were placed with an automatic dialing system and were not for emergency purposes.

The complaint claims that Fabricant had not given the Investment Fraud Protection Bureau his prior express consent to call his cell phone with an autodialer.

The counts include negligent as well as knowing and willful violation of the TCPA. Negligent violations carry statutory damages of up to $500 per call; knowing and willful ones carry statutory damages of up to $1,500 per call. Plaintiffs may also request injunctive relief, that is, an order from the court prohibiting the company from continuing to place such calls in the future.

The complaint asks for the damages stated above, injunctive relief, and “[a]ny and all other relief that the Court deems just and proper”—presumably including attorney fees and expenses and court costs.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Investment Fraud Protection Bureau Cell Phone Calls TCPA Complaint

October 8, 2020

The complaint for this class action identifies the Investment Fraud Protection Bureau as “a company offering alternative investment research for investors…” The complaint also asserts that it offers unwanted telemarketing calls to consumer cell phones, in violation of the Telephone Consumer Protection Act (TCPA).

Investment Fraud Protection Bureau Cell Phone Calls TCPA Complaint

Case Event History

Investment Fraud Protection Bureau Cell Phone Calls TCPA Complaint

October 8, 2020

The complaint for this class action identifies the Investment Fraud Protection Bureau as “a company offering alternative investment research for investors…” The complaint also asserts that it offers unwanted telemarketing calls to consumer cell phones, in violation of the Telephone Consumer Protection Act (TCPA).

Investment Fraud Protection Bureau Cell Phone Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer