Fleet Financial (iLendingDIRECT) Unauthorized Cell Phone Call Lawsuit

Heninger Garrison Davis has filed a class action lawsuit against Fleet Financial, Inc. d/b/a iLendingDirect, for violating the Telephone Consumer Protection Act (the “TCPA”) in the US District Court of Colorado.

In an effort for iLendingDIRECT to generate business, they called thousands (and potentially hundreds of thousands) of consumers nationwide on their cellphones without prior express consent and using an automated dialing system, all in violation of the TCPA.

The TCPA was enacted to protect consumers from unsolicited commercial telephone calls exactly like those alleged in this case. The defendant made these calls despite the fact that none of the members of the class action ever provided express consent to receive these intrusive telemarketing calls.

Congress enacted the TCPA to deal with the increasingly common nuisance-telemarketing, and to control residential telemarketing practices of unwanted calls. These unwanted telemarketing calls frequently invade privacy, create unwanted occupation of consumers’ phones, and waste time. Additionally, the introduction of autodialers has created an explosion of these calls. iLendingDIRECT’s entire business model feeds off these nuisance-telemarketing practices and is, in fact, based upon them.

Besides the aggravation and nuisance that accompanies the receipt of unsolicited phone calls, the plaintiffs lost monies paid to their telephone carriers for the receipt of these unwanted calls. The telemarketing calls were an invasion of their privacy and their solitude was disturbed. These telemarketing calls caused exactly the harm from which Congress sought to protect consumers by enacting the TCPA.

HGD brings this class action complaint against Fleet Financial, Inc. to stop Defendant’s practice of making unsolicited calls to the telephones of consumers nationwide, and to obtain an award of statutory damages for all persons injured by their conduct, together with costs and reasonable attorneys’ fees.

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