Florida, Colorado Colleges Face Class Actions Over Unwanted Texts, Calls

Florida Technical College and Colorado Technical University have been hit with class action lawsuits alleging the for-profit schools violated the Telephone Consumer Protection Act by sending unwanted text messages and making telemarketing calls to consumers.

The colleges were hit with separate class action lawsuits over claims that they contacted consumers with advertising about their institutions without obtain prior express permission.

Lead plaintiff Joshua Kempfer alleges that Florida Technical College started sending him text messages on Nov. 21, 2018 asking him to schedule a school tour. “Hello, this is Alexis Molina from FTC College. Would you be interested in scheduling a school tour next week?” the text reportedly stated.

“At no point in time did Plaintiff provide Defendant with his express written consent to be contacted using an ATDS,” alleges the Florida Technical College class action lawsuit.

Plaintiff Dawn Jones alleges in her class action lawsuit that Colorado Technical University made unsolicited telemarking calls to her and other consumers.

“Defendant Colorado Technical University, Inc. is a for-profit online school based in Colorado,” alleges the TCPA class action lawsuit. “In an effort to solicit potential customers/students, Defendant recruited, or employed, call centers which began making telephone calls, en masse, to consumers across the country.”

The Telephone Consumer Protection Act (TCPA) was enacted by Congress in 1991 to protect consumers from such telemarketing and unwanted advertising attempts. The law prohibits companies from contacting consumers via phone, text or fax without obtaining prior express consent.

Those who violate the TCPA can be subject to steep fines, from $500 to $1,500 per call or contact attempt.

Florida Technical School, also known as National College of Business and Technology Company, is based in Puerto Rico, according to Kempfer’s class action lawsuit.

Kempfer says that the generic and impersonal nature of the text messages, as well as the use of short code, is evidence that the school was using an automatic dialing system to contact him and others.

In addition to sending unsolicited text messages, the use of an automatic dialing system is a violation of the TCPA.

According to the class action lawsuit lodged against Colorado Technical University, the Colorado for-profit school made telemarking calls to consumers without authorization, as well as to consumers whose numbers were listed on the Do Not Call Registry.

If a consumer’s number is on the Do Not Call list, companies are prohibited from making telemarketing calls to that phone number.

The Florida, Colorado Technical Universities class action lawsuits seek to represent consumers who received unwanted text messages or calls from the institutions.

Kempfer is represented by Andrew J. Shamis of Shamis & Gentile PA and Scott Edelsberg of Edelsberg Law PA.

The Florida Technical College Class Action Lawsuit is Kempfer v. National College of Business and Technology Company Inc., Case No. 6:19-cv-00332-PGB-TBS, in the U.S. District Court for the Middle District of Florida.

Jones is represented by Henry A. Turner of Turner Law Offices LLC and W. Craft Hughes and Jarrett L. Ellzey of Hughes Ellzey LLP.

The Colorado Technical University Class Action Lawsuit is Jones v. Colorado Technical University Inc., Case No. 1:19-cv-00776-SCJ, in the U.S. District Court for the Northern District of Georgia, Atlanta Division.

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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