TCPA Class-Action Accuses Debt Relief Firm of Sending Pre-Recorded Messages Without Consent

A class-action complaint has been filed in Colorado federal court alleging a debt relief law firm violated the Telephone Consumer Protection Act by making pre-recorded calls to consumers to try and obtain their business without having the proper consent to do so.

A copy of the complaint in the case of Scofield et al. v. Gallant Law Group can be accessed by clicking here.

The plaintiff, whose cell phone number is registered with the national Do Not Call registry, received a call in December from the defendant. The pre-recorded message said:

Hi there, it’s Jeremy from the financial hardship department and I’m just following back up with you. Looks like we can help with some credit card debt and personal loans, and I was able to get you the approval that I think you are going to like. Just know that the program does have limited openings and if you have about five minutes today go ahead and give me a call back so we can go over the details.

The complaint alleges the call was pre-recorded because it was not personalized toward the plaintiff, there was a delay after the call was picked up but before the message began, and there was a click sound before the message began playing.

The plaintiff returned the call, heard a representative talk about the debt relief services that the defendant offered, and then received a text message with a link to access a retainer agreement. A month later, the plaintiff received another pre-recorded call, with a similar message to the first. The plaintiff returned the call, spoke with a different representative, and then received an email from the defendant.

The complaint alleges the defendant violated the TCPA because it did not have the plaintiff’s express consent to send him a pre-recorded message. He is seeking to include anyone else in the U.S. who received similar calls from the defendant.

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