Leaving messages this way got this company sued.

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.

Any Questions? Give us a call at (800) 656-4584.

Nelson A. Locke, Esq.

Compliance Services USA


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s