A lawsuit filed in California last week alleges that First California Financial Inc., violated the Telephone Consumer Protection Act (TCPA) when it contacted one Evelyn Ofiteru and others with a pre-recorded message without express written consent as mandated by the TCPA.
Allegedly, First California Financial left a pre-recorded voice message with Ms. Ofiteru which said the following:
“Just wanted to give you a follow-up call on mortgage interest rates, currently we’re at 2.75% with 0 points, so if you’re interested give me a call back 714 606 8400 and I’ll be happy to go over the options with you. Have a great day.”
According to the lawsuit, the message both constitutes telemarketing, could be clearly identified as a pre-recorded message, and the plaintiff had not given her express written consent to be contacted by prerecorded message.
The plaintiff has brought the suit as a class action “on behalf of herself and all others similarly situated.” The lawsuit defined the class as, “All persons in the United States who, within four years prior to the filing of this action, (1) were sent a prerecorded message by or on behalf of Defendant, (2) regarding Defendant’s goods, products or services, and (4) for which Defendant failed to secure the called party’s express written consent.”
Might also be a problem with a non-pub number. That is a Privacy Act violation.
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Nelson A. Locke, Esq.
Compliance Services USA