US Fund Source Unwanted Telemarketing Calls TCPA Class Action

The complaint for this class action tells us that US Fund Source, LLC is a lender that offers business loans, lines of credit, and other financial products. It also alleges that US Fund places calls to consumers’ cell phones using automatic telephone dialing systems (ATDSs), in ways that violate the Telephone Consumer Protection Act (TCPA).

The TCPA tries to protect consumers from telemarketers by limiting the calls that businesses can make to cell phones or residential lines on which consumers don’t want to receive calls.

Cell phones are of particular interest to the TCPA, because consumers pay for incoming as well as outgoing calls. Under the TCPA, it is unlawful for telemarketers to 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.

Plaintiff Terry Fabricant lives in California. In or around November 2018, he began to receive calls on his cell phone from US Fund Source. The calls were attempting to solicit him to use US Fund Source services.

Fabricant received multiple calls from the company, the complaint alleges, including on November 20 and November 21, 2018. The calls, he says, were not for emergency purposes.

The complaint alleges that Fabricant had never given his prior express consent to receive such calls made with an automatic dialing system or artificial or prerecorded voice.

The counts include both negligent and knowing and willful violations of the TCPA. The company can be forced to pay statutory damages for negligent violations of up to $500 per call. Knowing and willful violations can carry statutory damages of up to $1,500 per call.

Fabricant and his legal team request these damages, plus injunctive relief—that is, an injunction from the court that prohibits US Fund Source from continuing to make such calls in the future. The complaint also asks for “[a]ny and all other relief that the Court deems just and proper.”

The ATDS Class for this action is all persons in the US who received solicitation or telemarketing calls from US Fund Source, which were made to their cell phones through the use of an automatic telephone dialing system or an artificial or prerecorded voice, where the consumers had not previously consented to receiving such calls, between September 14, 2016 and September 14, 2020. US Fund Source and its employees are excluded from the class.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

US Fund Source Unwanted Telemarketing Calls TCPA Complaint

September 14, 2020

The complaint for this class action tells us that US Fund Source, LLC is a lender that offers business loans, lines of credit, and other financial products. It also alleges that US Fund places calls to consumers’ cell phones using automatic telephone dialing systems (ATDSs), in ways that violate the Telephone Consumer Protection Act (TCPA).

US Fund Source Unwanted Telemarketing Calls TCPA Complaint

Case Event History

US Fund Source Unwanted Telemarketing Calls TCPA Complaint

September 14, 2020

The complaint for this class action tells us that US Fund Source, LLC is a lender that offers business loans, lines of credit, and other financial products. It also alleges that US Fund places calls to consumers’ cell phones using automatic telephone dialing systems (ATDSs), in ways that violate the Telephone Consumer Protection Act (TCPA).

US Fund Source Unwanted Telemarketing Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer