A claim has been filed against Progressive Finance Holdings LLC by a man alleging the company repeatedly violated the Telephone Consumer Protection Act (TCPA) by illegally placing autodialer calls.
Plaintiff Damon C. filed the TCPA lawsuit stating that Progressive Finance Holdings placed calls to him in an attempt to collect a consumer debt owed to the company. Damon states these calls were placed using an automatic telephone dialing system, also referred to as ATDS.
When David did not answer the calls, Progressive Finance Holdings left a message on the cell phone answering system requesting a return call from him. When Damon called the number and spoke to a live representative, he demanded that all calls to his cell phone cease.
However, Damon states that Progressive Finance Holdings continued to place the autodialer calls to him “at an excessive and harassing rate” even have to he had revoked his consent to do so.
“Defendant’s calls directly and substantially interfered with Plaintiff’s Right to Peacefully Enjoy a Service That Plaintiff Paid for and caused Plaintiff a significant amount of anxiety, frustration, and annoyance,” the autodialer calls lawsuit states.
Damon has brought forth two allegations against Progressive Finance Holdings including violations of the Telephone Consumer Protection Act and violations of the Rosenthal Fair Debt Collection Practices Act.
The plaintiff is seeking statutory damages of $500 per each call determined to have violated the TCPA, treuble damages for violations found to be willful and/or knowing under the TCPA, actual damages, statutory damages of $1000 for California Civil Code violations, attorneys’ fees and costs, punitive damages, and any additional relief deemed just and proper by the Court.
The Progressive Finance Holdings Autodialer Calls Lawsuit is Case No. 8:17-cv-00223-JLS-KES, in the U.S. District Court for the Central District of California, Southern Division.
What Is the Telephone Consumer Protection Act?
The Telephone Consumer Protection Act was enacted in December 1992. Most people are aware of the National Do Not Call Registry that was created as a part of the restrictions placed by the FCC on telephone soliciting.
In addition, the FCC also placed restrictions on live telemarketing calls that are placed to consumers, and it also limits the use of autodialer calls to be replaced, as well as calls placed by an artificial or prerecorded voice message, known as robocalls. It also covers limitations on sending SMS text messages and sending faxes.
The law, in general, was designed to protect consumers from annoying and harassing phone calls that were placed to them without their consent.
Despite the law having been on the books for almost 25 years, companies continue to be accused of violating the TCPA by placing autodialer calls, placing calls with prerecorded voice messages, and sending junk faxes and texts to consumers.
Autodialer lawsuits continue to be filed against those companies believed to be in violation of the Telephone Consumer Protection Act. If you have received autodialer calls, robocalls, junk faxes or junk text messages, you may be eligible to receive legal compensation. An experienced TCPA attorney can provide you with a free case review if you qualify.
Join a Free TCPA Class Action Lawsuit Investigation
If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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