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Network Capital Funding Unwanted Telemarketing Calls TCPA Class Action

The Telephone Consumer Protection Act (TCPA) tries to protect consumers from unwanted telemarketing calls. But the complaint for this class action alleges that Network Capital Funding Corporation makes telemarketing telephone calls to consumers, in violation of the TCPA.

The class for this action is all persons or entities who, between November 30, 2016 and the present, received a phone call made by or on behalf of Network Capital Funding Corporation, placed via an automatic dialing system or having an artificial voice or prerecorded message.

A rising tide of telemarketing calls was the impetus behind the passing of the TCPA in 1991. The increasing availability of automatic dialing systems and similar technology had enabled telemarketers to annoy tens of thousands of people per day with very little effort. Congress recognized that such calls were “a nuisance and an invasion of privacy, regardless of the type of call” and found that banning them entirely was “the only effective means of protection telephone consumers from the nuisance and privacy invasion.”

According to the complaint, both the Federal Trade Commission and Federal Communications Commission say that robocalls are the number one subject of complaints to them.

One of the provisions of the TCPA is that businesses are not permitted to make non-emergency calls to consumer cell phones, using automatic dialing systems or artificial or prerecorded voices, unless they have the consumers’ prior express written consent to received such calls.

In this case, plaintiff Lucine Trim received a telemarketing call on her cell phone on September 16, 2020. When Trim answered, there was a pause, and then a live person came on the line and tried to sell her mortgage loan services. That same day, she received an e-mail from Network Capital, again soliciting her business. She answered the e-mail with a request that the company stop calling her.

Roughly two weeks later, on September 30, she received another telemarketing call on her cell phone. She asked to be sent an e-mail so that she could determine who had made the call. This e-mail too was from Network Capital. Later that day, she received another call, from the person who had sent her the e-mail. Again, she asked that the company stop calling her.

According to the complaint, she may have received other calls from Network Capital to her cell phone.

The complaint alleges that the telemarketing calls were made with an automatic dialing system, in violation of the TCPA, and assert that Trim had never given the company permission to call her.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Network Capital Funding Unwanted Telemarketing Calls TCPA Complaint

November 30, 2020

The Telephone Consumer Protection Act (TCPA) tries to protect consumers from unwanted telemarketing calls. But the complaint for this class action alleges that Network Capital Funding Corporation makes telemarketing telephone calls to consumers, in violation of the TCPA.

Network Capital Funding Unwanted Telemarketing Calls TCPA Complaint

Case Event History

Network Capital Funding Unwanted Telemarketing Calls TCPA Complaint

November 30, 2020

The Telephone Consumer Protection Act (TCPA) tries to protect consumers from unwanted telemarketing calls. But the complaint for this class action alleges that Network Capital Funding Corporation makes telemarketing telephone calls to consumers, in violation of the TCPA.

Network Capital Funding Unwanted Telemarketing Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer