Plaintiff Alleges Firm Hounded Her With Texts About COVID Relief Plans
Allied Capital Services, a business finance firm specializing in government grants, sent multiple telemarketing text messages promoting COVID-19 employee retention credit relief grants under the 2020 Cares Act to Tiffany Harris’ cellphone between October and December 2022, though her number…
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has been listed on the national do not call registry since January 2022, alleged her Telephone Consumer Protection Act class action Tuesday (docket 1:23-cv-08284) in U.S. District Court for Eastern New York in Brooklyn. The Alabama plaintiff alleges that Allied “failed to establish and implement reasonable practices and procedures to effectively prevent telephone solicitations” in violation of the TCPA. Allied also ignored her demands to stop, continuing to transmit unsolicited text messages to her cellphone, said her complaint. Harris alleges Allied doesn’t maintain a written policy, available on demand, for maintaining an internal DNC list, nor does it train its telemarketing employees or agents on the existence and use of any DNC list, as the TCPA requires, it said. She “properly alleges” injuries in fact, which are “fairly traceable” to Allied’s “unlawful acts,” and are “likely to be redressed by a favorable judicial decision,” said her class action: “Among other harms caused by the unlawful telemarketing text messages at issue, receiving the unwanted telemarketing resembles the kind of harm associated with intrusion upon seclusion.”