San Francisco, CA: A potential class action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA), has been filed against Liberty Capital Group Inc.
Filed on July 10 by Bedard Controls Inc., the lawsuit alleges Liberty Mutual, a provider of loans for small businesses, sent unsolicited faxes to businesses across the US, in direct violation of the TCPA.
The lawsuit, entitled Bedard Controls Inc. v. Liberty Capital Group Inc., Case No. 3:13-cv-01595 in the U.S. District Court for the Southern District of California, alleges "The TCPA was enacted by Congress to address problems of abusive telemarketing, including preventing the transmission of junk faxes." And, "As Congress recognized unsolicited faxes often impose unwanted burdens on the called party, including costs of paper and ink and making fax machines unavailable for legitimate business messages."
The lawsuit also states, "Â…plaintiff never provided prior express permission to send advertisements to plaintiff's telephone facsimile machine. Plaintiff had no established business relationship with defendant at the time the unsolicited advertisement was sent."
Bedard Controls, a heating and cooling system contractor, is seeking $1,500 for each illegal fax sent by Liberty Capital. The lawsuit alleges Liberty Capital faxed unsolicited advertisements in February 2012.
The proposed class includes "all persons or entities in the United States who received an unsolicited advertisement that was sent by or on behalf of defendant in which defendant's goods or services were promoted, and who had no established business relationship with defendant at the time, within the four years prior to the filing of this complaint."
Plaintiffs are represented by Tammy Hussin of Lemberg & Associates.
