Fitapelli & Schaffer, LLP filed a class action lawsuit on April 11, 2014 on behalf of all consumers who received fax messages (“junk faxes”) from National Funding, Inc. (“National Funding”) without their prior express written consent. The class action lawsuit alleges that National Funding violated the Telephone Consumer Protection Act of 1991 (“TCPA”) by failing to obtain each consumers express written consent before sending them junk faxes advertising business loans.
Since February 2014, Plaintiff has received junk faxes from National Funding to his business fax machine. The junk faxes stated that Plaintiff has been “prequalified” to receive a business loan of “up to $150,000.” Plaintiff never provided his prior written consent to receive such fax messages and has never done business with National Funding.
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, or send any faxes to consumers for commercial purposes without that consumer’s prior express written consent. If a company is communicating with consumers in any of these ways without prior written consent, it is illegal and the consumer is entitled to receive a statutory penalty of at least $500 (up to $1,500) for each violation.
Anyone who has received a fax message from National Funding that advertised their products/services, or stated you were “prequalified” for a loan, who has questions about the lawsuit, should contact Fitapelli & Schaffer, LLP, (212) 300-0375. You can also view the complaint here.