WeCompete Unwanted Solicitation Text Messages TCPA Class Action

According to this complaint, the Federal Communications Commission (FCC) “has explained that calls motivated in part by the intent to sell property, goods, or services are considered telemarketing under the TCPA”—that is, the Telephone Consumer Protection Act. The calls do not even need to explicitly mention a good, product, or service. This class action brings suit against WeCompete, Inc., a financial company, for sending telemarketing text messages to consumer cell phones without the consumers’ permission.

Under the TCPA, businesses are prohibited from calling a consumer’s cell phone number, using an automatic dialing system, unless they have the consumer’s prior express written consent.

Even so, plaintiff Hugh Robinson received three text messages from defendant WeCompete on his cell phone between May 1 and May 4, 2020.

One message began, “Are you in the market for working capital?[ ]Business owners are using WeCompete Lenders because of the over 100 small business programs and working capital options. You can take the next steps and answer a couple [of] questions at…” A link and more message followed.

Another began, “It[’]s WeCompete Lenders and we wanted to follow up from our last message. Business owners are using us to set up access to working capital in advance for when they restart their business or are in need of working capital now. We provide over 100 small business programs and working capital options…”

The complaint asserts, “The impersonal and generic nature of [WeCompete’s] text message demonstrates that [WeCompete] utilized an [automatic dialing system] in transmitting the messages.”

Also, it says, “At no point in time did [Robinson] provide [WeCompete] with his express written consent to be contacted using” an automatic dialing system.

In addition, Robinson’s cell phone number was entered into the National Do Not Call Registry on November 13, 2019.

Two classes have been defined for this action.

  • The No Consent Class is all persons who, between October 19, 2016 to the present (1) were sent a text message by or on behalf of WeCompete (2) with an automatic dialing system (3) in order to solicit the purchase of WeCompete goods or services, (4) from whom WeCompete either did not obtain prior express written consent or obtained it in the same manner that it claims to have received it from the plaintiff in this case.
  • The Do Not Call Registry Class is all persons in the US who, between October 19, 2016 to the present (1) were sent a text message by or on behalf of WeCompete (2) more than once in any twelve-month period (3) where the number had been on the National Do Not Call Registry for at least thirty days (4) in order to solicit the purchase of WeCompete goods or services, (5) from whom WeCompete either did not obtain prior express written consent or obtained it in the same manner that it claims to have obtained it from the plaintiff in this case.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

WeCompete Unwanted Solicitation Text Messages TCPA Complaint

October 19, 2020

According to this complaint, the Federal Communications Commission (FCC) “has explained that calls motivated in part by the intent to sell property, goods, or services are considered telemarketing under the TCPA”—that is, the Telephone Consumer Protection Act. The calls do not even need to explicitly mention a good, product, or service. This class action brings suit against WeCompete, Inc., a financial company, for sending telemarketing text messages to consumer cell phones without the consumers’ permission.

WeCompete Unwanted Solicitation Text Messages TCPA Complaint

Case Event History

WeCompete Unwanted Solicitation Text Messages TCPA Complaint

October 19, 2020

According to this complaint, the Federal Communications Commission (FCC) “has explained that calls motivated in part by the intent to sell property, goods, or services are considered telemarketing under the TCPA”—that is, the Telephone Consumer Protection Act. The calls do not even need to explicitly mention a good, product, or service. This class action brings suit against WeCompete, Inc., a financial company, for sending telemarketing text messages to consumer cell phones without the consumers’ permission.

WeCompete Unwanted Solicitation Text Messages TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer