Anna Bradley-Smith  |  May 11, 2021

Category: Legal News

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First California Financial Harasses Consumers, Invades Privacy With Robocalls, Class Action Lawsuit Claims
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Home loan and refinance company First California Financial violates the Telephone Consumer Protection Act (TCPA) with robocalls, causing aggravation and annoyance to consumers, a new class action lawsuit alleges.

The nationwide class action lawsuit was filed in California on May 7 by lead Plaintiff Evelyn Ofiteru, who says that First California Financial called her personal cell phone with a prerecorded message in January 2021, without her consent.

According the the class action, Kemmer Matteson of First California Financial made the call, stating, “just wanted to give you a follow-up call on mortgage interest rates, currently we’re at 2.75 percent 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.”

The class action lawsuit says that the call constitutes telemarketing and advertising, violating the TCPA, because it promotes First California Financial business, goods, and services.

According to the class action lawsuit, the TCPA prohibits any person from calling a cellular telephone number and using an automatic telephone dialing system or an artificial or prerecorded voice without the recipient’s prior express consent.

The unsolicited prerecorded message caused Ofiteru harm, including invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion, the claim states.

It adds that the company’s “illegal conduct” has resulted in “the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”

Ofiteru wants to represent anyone in the United States who was sent a prerecorded call by First California Financial without giving consent.

She is suing for violations of the TCPA and seeks certification of the Class, damages, injunctive relief, legal fees and cost, and a jury trial.

A number of companies are facing legal action for alleged violations of the TCPA. Recently, Citibank was hit with a lawsuit for allegedly repeatedly harassing and annoying a consumer with illegal robocalls, despite being told to stop calling.

In April, JP Morgan Chase was also hit with a lawsuit for alleged incessant robocalls that forced him to change his phone number. He said that he received at least 88 robocalls from the bank between Dec. 20, 2020 and March 13, 2021.

Have you received robocalls from a company without giving consent? Let us know in the comments section!

Ofiteru is represented by William Litvak of Dapeer Rosenblit Litvak, LLP and Manuel S. Hiraldo of Hiraldo P.A.

The First California Financial Robocall Class Action Lawsuit is Ofiteru v. First California Financial, Inc., Case No. 3:21-cv-03423-JCS, in the U.S. District Court for the Southern District Northern District of California.


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3 thoughts onFirst California Financial Harasses Consumers, Invades Privacy With Robocalls, Class Action Claims

  1. Jennifer Lynn Burchett says:

    Add me please

  2. Tammy Jordan says:

    I have received ghost calls and repeated calls from at&t allstate and spectrum and a few other places

  3. Chanitra Hill says:

    Add me please

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