N.Y. Class Action Seeks to Stop Lender's 'Campaign' of Illegal Text Messages
Ezra Elstein seeks to “vindicate his federal statutory rights” under the Telephone Consumer Protection Act to stop Premium Capital Fund, a business loan company, from waging its campaign of “illegal text messaging,” said his class action Friday (docket 1:24-cv-00086) in…
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U.S. District Court for Southern New York in Manhattan. The Pennsylvania resident seeks damages, injunctive relief and “any other available legal or equitable remedies” resulting from Premium’s “illegal actions” of negligently and willfully contacting him and other “similarly situated consumers” in violation of the TCPA, said his complaint. Though Elstein listed his cellphone number on the national do not call registry in February 2019, Premium sent several unauthorized telemarketing text messages to that number in November for “the purpose of soliciting business,” it said. By making such telephone solicitations, Premium has invaded Elstein’s “personal privacy” and that of his putative class members, it said. The TCPA was enacted “to protect consumers from unsolicited and unwanted communications exactly like those alleged in this case,” it said. Elstein didn’t provide Premium with his cellphone number at any point in time, nor did he give permission for the company to message it, said the complaint. He also didn’t have an established business relationship with Premium at any point in time, it said.