National Funding Lawsuit

A class action lawsuit was filed on April 11, 2014 against National Funding Inc. (“National Funding”) for allegedly violating the Telephone Consumer Protection Act of 1991 (“TCPA”) by sending fax messages to recipients’ home and/or business fax machines without their prior express written consent.

Since February 2014, Plaintiff has received at least one fax message from National Funding.  The fax message stated that he had been “prequalified” for a business loan “up to $150,000.”  Plaintiff never provided his express written consent to receive this fax message.  As such, National Funding may be liable to pay damages up to $1,500 for each violation.

In 1991, Congress enacted the TCPA in response to a growing number of consumer complaints regarding certain telemarketing practices.  The TCPA makes it unlawful to make any calls, send any text messages, and/or send any faxes to a person or business, for commercial reasons, without that person’s express written consent.  Each recipient of an unlawful call, text message, and/or fax, may receive a statutory penalty of at least $500 (up to $1,500) for each violation.

The lawyers of Fitapelli & Schaffer, LLP have begun representing everyday people who have faced unwanted, endless telemarketing calls at home, business, and/or on their mobile devices.  If you are receiving unwanted telemarketing calls and want to stop them as soon as possible, then please call the lawyers of Fitapelli & Schaffer, LLP, (212) 300-0375, to schedule a free consultation.