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Capital Funding Firm Hounds Consumers With Unwanted Calls, Texts: Class Action

Capital Infusion, which places solicitation calls to businesses that may require capital funding, violates the Telephone Consumer Protection Act by making telemarketing calls and sending text messages to consumers without consent, including calls and text messages to phone numbers listed…

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on the national do not call registry, alleged Erica Cardenas’ class action Tuesday (docket 1:24-cv-20647) in U.S. District Court for Southern Florida in Miami. Capital Infusion, based in Miami, also violates the TCPA by contacting consumers “who have expressly requested that the calls and texts stop,” the complaint said. Cardenas, a resident of Chula Vista, California, alleges Capital Infusion “lacks a sufficient opt-out system” to ensure that a consumer who notifies the company to stop calling or texting them will be removed from its contact list, said the complaint. “Consumers and businesses have posted complaints online about unsolicited calls and text messages they received from Capital Infusion,” including from consumers who received additional unsolicited calls after telling the company to stop calling. Cardenas listed her cellphone number on the national DNC registry Nov. 9, yet she received multiple unwanted calls soliciting her about business finance loans, said her complaint. She told the callers she's not seeking business financing because she doesn't own a business, it said. The callers have been asking consistently to speak to an Eric Thompson, an individual she doesn’t know, it said. The unauthorized calls and text messages that Cardenas received from or on behalf of Capital Infusion have harmed her “in the form of annoyance, nuisance, and invasion of privacy,” it said. The calls and texts have also occupied her phone line and disturbed her use and enjoyment of her phone, it said.