Titan Mutual Lending Unwanted Cell Phone Calls TCPA Class Action

Congress passed the Telephone Consumer Protection Act (TCPA) to help protect the privacy of ordinary people by forbidding telemarketers from intruding on them without their permission. The complaint for this class action alleges that Titan Mutual Lending, Inc. does not comply with the law in its telemarketing.

The volume of unwanted telemarketing calls had risen at the time the TCPA was passed because of the ready availability of automatic telephone dialing systems (ATDSs). Congress said, “Banning such automated or prerecorded telephone calls to the home, except when the receiving party consents to receiving the call or when such calls are necessary in an emergency situation … is the only effective means of protecting telephone consumers from this nuisance and privacy invasion.

Two provisions of the law in particular were designed to help protect consumer privacy.

One was to prohibit telemarketers from calling consumer cell phones, using ATDSs or artificial or prerecorded voices unless the telemarketers had the consumers’ prior express written consent to receive such calls.

The other was the establishment of a National Do Not Call Registry, where consumers could place their numbers indicating that they did not want to receive telemarketing messages.

The phone on which plaintiff Thane Charman received telemarketing calls from Titan Mutual was both (1) a cell phone, and (2) on the National Do Not Call Registry. Nevertheless, Charman received a number of unwanted calls from Titan Mutual between December 29, 2019 and April 25, 2019.

When Charman answered one of the calls, he heard a pause before the line connected to a live person. This, the complaint says, is a sign that the call was made through the use of an ATDS.

The calls were not made for an emergency, and Charman had never given Titan Mutual his prior express written consent to receive telemarketing calls.

Two classes have been defined for this action.

The Automatic Dialing System (ATDS) Class is all persons in the US who received a call on their cell phones from Titan Mutual Lending or its agents or employees, where the call was placed through the use of an ATDS or prerecorded voice, between March 24, 2016 and March 24, 2020.

The National Do Not Call Registry Class is all persons in the US to whose residential or cellular number Titan Mutual Lending or anyone acting in its behalf made more than one call in a twelve-month period to promote Titan’s goods or services, where that number had been on the National Do Not Call Registry for at least 31 days, at any time between March 24, 2016 and the present.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Titan Mutual Lending Unwanted Cell Phone Calls TCPA Complaint

March 24, 2020

Congress passed the Telephone Consumer Protection Act (TCPA) to help protect the privacy of ordinary people by forbidding telemarketers from intruding on them without their permission. The complaint for this class action alleges that Titan Mutual Lending, Inc. does not comply with the law in its telemarketing.

Titan Mutual Lending Unwanted Cell Phone Calls TCPA Complaint

Case Event History

Titan Mutual Lending Unwanted Cell Phone Calls TCPA Complaint

March 24, 2020

Congress passed the Telephone Consumer Protection Act (TCPA) to help protect the privacy of ordinary people by forbidding telemarketers from intruding on them without their permission. The complaint for this class action alleges that Titan Mutual Lending, Inc. does not comply with the law in its telemarketing.

Titan Mutual Lending Unwanted Cell Phone Calls TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls