ABC Financial TCPA Lawsuit Filed by Calif. Woman

A California woman has filed an ABC Financial TCPA lawsuit alleging the financial services company barraged her cellphone with unwanted calls.

ABC Financial Services Inc. has allegedly committed violations under the Telephone Consumer Protection Act (TCPA) by calling the plaintiff on a number of occasions and persisting when asked to stop.

Plaintiff Virginia T. is filing the ABC Financial TCPA lawsuit after allegedly receiving numerous unwanted calls placed to her cellphone. Virginia alleges the company used an automated dialing system to place these calls, as evidenced by the artificial voice that spoke when she answered.

According to the ABC Financial TCPA lawsuit, Virginia began receiving these cellphone calls beginning on Sept. 01, 2016. The claim indicates that Virginia was contacted by the company which allegedly used the same automated dialing system each time.

Automated dialing systems are tools companies use to randomly generate numbers and then place calls. Oftentimes, artificial or pre-recorded voices accompany the call when answered.-

Under the TCPA, companies are prohibited from using automated dialing systems to contact consumers and must have a live representative on hand to state their name and which company they represent.

According to the ABC Financial TCPA lawsuit at least one of the calls, an artificial voice did identify itself as Eric Riley and that he was calling on behalf of ABC Financial.

Even though the voice did identify itself and the company, ABC Financial still violated the TCPA by using an artificial voice and for allegedly using an automated dialing system.

Overview of TCPA Policy and Violations

The TCPA was enacted in the early 1990s to help protect consumers against aggressive telemarketing. It has since been amended to include unwanted texts from companies due to the rise in popularity of SMS messaging.

The TCPA primarily prohibits companies from calling consumers without prior “express consent,” and not allowing the use of using automated dialing systems to place calls. In addition to also prohibiting the use of artificial voices, the TCPA also mandates that companies only call households during reasonable hours of the day and prohibits them from calling emergency lines like 911.

Furthermore, the TCPA requires companies to add consumers to their do-not-call registry and must be respected for at least a couple of years. Companies can face up to $1500 per TCPA violation, depending on if they are found to be in willful violation.

According to the ABC Financial TCPA lawsuit, Virginia never gave prior consent to being contacted and had incurred an expensive cellphone bill as a result. Virginia is seeking financial damages for the unwanted expenses on her cellphone bill along with the TCPA violations.

This ABC Financial TCPA lawsuit is Case No. 2:17-cv-00888-KS, in the U.S. District Court for the District of of Central California.

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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