Sundance, Remnant Payment Processing Telemarketing Calls TCPA Class Action

Sundance Payment Solutions and Remnant Financial Services, Inc. sell payment processing systems that allow merchants to accept payments via credit and debit cards. The complaint for this class action alleges that one route these customers use to find customers for their systems is telemarketing. Unfortunately, in doing so, the complaint alleges, the companies violate the Telephone Consumer Protection Act (TCPA).

The No-Consent Class for this action is all persons in the US who, (1) between November 30, 2016 and the present, (2) received a call (3) on their cell phones or residential phones (4) that was made with or that played a prerecorded voice message (5) for the purpose of selling Sundance or Remnant payment processing products or services.

Congress passed the TCPA in 1991, to try to stem the tide of unwanted telemarketing calls that had risen with the increasing availability of telephone technology such as automatic dialing systems and voice- or text-message delivery systems. The complaint says, “Congress found that these calls were not only a nuisance and an invasion of privacy to consumers specifically but were also a threat to interstate commerce generally.”

Under the TCPA, telemarketers may not place 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 receive such calls.

According to the complaint, “The TCPA targets unauthorized calls exactly like the ones alleged in this case, based on Defendants’ use of technological equipment to spam consumers with its advertising on a grand scale.”

In this case, on October 28, 2019, plaintiff Andrew Boehm received a call on his cell phone that displayed a certain caller number. The complaint includes a screenshot of his cell phone with the number displayed. (The complaint does not specifically say so, but the number presumably belongs to one of the defendants in the case.) Boehm answered the call and heard a prerecorded voice message that offered lower rates for merchant processing services from “Clover Merchant Processing.”

The call invited Boehm to press one to speak to a live agent. Boehm did so and received a call back from a live agent. The complaint claims that the agent solicited Boehm to get him to buy its products or services. Later, Boehm received an e-mail from the agent at sundanceftw.com.

The complaint alleges, “[Boehm] had no relationship with Defendants and has never requested that Defendants contact him in any manner.” The complaint alleges that these calls were unsolicited, that the companies had no permission to call Boehm, and that they violated the TCPA in making the calls.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Sundance, Remnant Payment Processing Telemarketing Calls TCPA Complaint

November 30, 2020

Sundance Payment Solutions and Remnant Financial Services, Inc. sell payment processing systems that allow merchants to accept payments via credit and debit cards. The complaint for this class action alleges that one route these customers use to find customers for their systems is telemarketing. Unfortunately, in doing so, the complaint alleges, the companies violate the Telephone Consumer Protection Act (TCPA).

Sundance, Remnant Payment Processing Telemarketing Calls TCPA Complaint

Case Event History

Sundance, Remnant Payment Processing Telemarketing Calls TCPA Complaint

November 30, 2020

Sundance Payment Solutions and Remnant Financial Services, Inc. sell payment processing systems that allow merchants to accept payments via credit and debit cards. The complaint for this class action alleges that one route these customers use to find customers for their systems is telemarketing. Unfortunately, in doing so, the complaint alleges, the companies violate the Telephone Consumer Protection Act (TCPA).

Sundance, Remnant Payment Processing Telemarketing Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of artificial or pre-recorded voice