Lyft Capital Unwanted Telemarketing Calls TCPA Class Action

Lyft Capital, Inc. is a business financing company which may use telemarketing to promote its services. Telemarketing is not illegal per se. However, companies that telemarket to consumers must stay within certain limits and obey other rules that protect consumers when they do so. The complaint for this class action alleges that Lyft did not do this and that it therefore violated the Telephone Consumer Protection Act (TCPA).

Congress passed the TCPA to protect consumers from the barrage of telemarketing brought on by the availability of telecommunications technology like automatic telephone dialing systems (ATDSs) and the ability to send prerecorded messages to many people at one time.

Two provisions of the law are at issue in this case. First, the law forbids telemarketers from placing non-emergency calls to consumer cell phones, using ATDSs or artificial or prerecorded voices, unless they have the consumers’ prior express written consent to receive them.

Second, the law established a National Do Not Call Registry where consumers can list their mobile phone or landline numbers to indicate that they do not wish to be called by telemarketers. Telemarketers are required to “scrub” their lists of phone numbers to eliminate calls to these numbers.

Even so, the complaint for this class action alleges that Lyft Capital placed calls to plaintiff Mariano Benitez’s cell phone, beginning around October 16, 2017, in an effort to get him to use its services. The complaint alleges that the calls were made using an ATDS and were not for emergency purposes. Furthermore, the complaint claims that Lyft did not have Benitez’s prior express written consent to receive such calls.

In addition, the complaint alleges that Benitez’s number was on the National Do Not Call Registry “for several years prior to [Lyft’s] initial call…”

The ATDS Class for this action is all persons in the US who received any solicitation or telemarketing calls from Lyft Capital to their cell phones, made with an automatic telephone dialing system or an artificial or prerecorded voice, between March 6, 2016 and March 6, 2020, where the persons had not previously consented to receiving such calls.

The Do Not Call Class for this action is all persons in the US whose numbers were registered on the National Do Not Call Registry for at least thirty days, who did not have an established business relationship with Lyft Capital and had not given it their prior express consent, who received more than one call made by or on behalf of Lyft Capital that promoted its products or services, within any twelve-month period between March 6, 2016 and March 6, 2020.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Lyft Capital Unwanted Telemarketing Calls TCPA Complaint

March 6, 2020

Lyft Capital, Inc. is a business financing company which may use telemarketing to promote its services. Telemarketing is not illegal per se. However, companies that telemarket to consumers must stay within certain limits and obey other rules that protect consumers when they do so. The complaint for this class action alleges that Lyft did not do this and that it therefore violated the Telephone Consumer Protection Act (TCPA).

Lyft Capital Unwanted Telemarketing Calls TCPA Complaint

Case Event History

Lyft Capital Unwanted Telemarketing Calls TCPA Complaint

March 6, 2020

Lyft Capital, Inc. is a business financing company which may use telemarketing to promote its services. Telemarketing is not illegal per se. However, companies that telemarket to consumers must stay within certain limits and obey other rules that protect consumers when they do so. The complaint for this class action alleges that Lyft did not do this and that it therefore violated the Telephone Consumer Protection Act (TCPA).

Lyft Capital Unwanted Telemarketing Calls TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls