ABC Financial made both Spam Text and Pre-recorded Calls
Recently we sued ABC Financial Services Inc. (ABC) on behalf of one of our clients. We filed the lawsuit in the Federal Court of the Central District of California. In the lawsuit, our client alleges that ABC both called her cell phone with pre-recorded messages and sent spam texts telling her they had an important message about a problem with her Crunch Fitness membership.
She Never Had a Crunch Fitness membership nor Gave Them her Number
The problem was she never had a Crunch Fitness or membership. She had never given them her number. They were calling and texting the wrong person’s cell number without her consent.
Telephone Consumers Protection Act – $500 to $1500 per call or text
This violates of the Telephone Consumers Protection Act, (TCPA), which makes it a statutory violation of Federal Law to call a persons cell number, without their consent, using a pre-recorded voice or a text message. The penalty is a minimum of $500 to $1500 per call or text.
They didn’t even give her an option to opt out of the pre-recorded calls. They just kept coming. It is obvious that these calls coming without notice or reason are very annoying and harassing bordering on an invasion of privacy.
The lawsuit, in its demand, requests the Court award $500 to $1,500 per text or pre-recorded call under the TCPA.