Hi TCPAWorld 😊 I hope everyone is having a great day so far. I’m back with some more interesting TCPA news.
The infamous 877-CASH-NOW, J.G. Wentworth faces potential liability in a TCPA class action. The named Plaintiff goes by the name of Douglas Simpson. Simpson alleges he received a pre-recorded telemarketing call from J.G. Wentworth on July 13, 2022 to his residential telephone number without his consent and while his phone number was on the National Do Not Call Registry.
Plaintiff alleges his telephone number has been on the National DNC Registry for at least a year prior to January 22, 2020.
When he answered, the call played a pre-recorded message which inquired about Simpson’s financial condition and whether he wanted to borrow money. Then, Simpson alleges he spoke to a “Nike from J.G. Wentworth.” These are very typical facts that we see in these TCPA suits and we see it all the time.
Additionally, Simpson alleges that J.G. Wentworth used an automated system to make these telemarketing calls.
Simpson brings this class action on behalf of three putative nationwide classes: (1) a TCPA Robocall Class, (2) a Florida Telephone Solicitation Act Autodial Class, and (3) a Florida Telephone Solicitation Act Do Not Call Registry Class.
As you folks know, the Florida Telephone Solicitation Act was enacted in 2021 (not too long ago) and so case law interpreting this statute is still developing.
This case was just filed yesterday, so I am very interested to see how this case unfolds. Will J.G. Wentworth move to dismiss or move to strike the class allegations? Stayed tuned to see how J.G. Wentworth responds to the Complaint. More to come!