Aegis Financial Consulting Hit with Class Action Over Alleged Robocalls

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A proposed class action alleges Aegis Financial Consulting, LLC has placed unlawful robocalls to consumers’ cell phones without first securing their consent to be contacted.

According to the 14-page lawsuit, Aegis has violated the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the use of automatic telephone dialing technology to place certain non-emergency calls to a consumer’s cell phone unless the caller has secured the recipient’s prior written consent to do so.

The plaintiff is a Los Angeles County resident who claims to have received several calls from the financial marketing organization in February 2022. Per the case, Aegis left the following prerecorded message on the plaintiff’s cell phone [sic throughout]:

The plaintiff says that when he listened to the defendant’s voicemails, he was “easily able to determine” that they were prerecorded. Per the suit, the messages constitute telemarketing because they encouraged the future purchase or investment in Aegis’s goods or services.

According to the case, the plaintiff never provided Aegis with his express consent to be contacted with a prerecorded call, and the man says his cell phone number has been listed on the National Do Not Call Registry since March 2018. As the case tells it, the TCPA prohibits entities from placing telemarketing calls to numbers on the Do Not Call Registry unless the owner of the number has provided their consent to receive the call.

The lawsuit looks to cover anyone in the U.S. who, within the past four years, was sent a prerecorded message to their cell phone from Aegis or anyone acting on its behalf without an emergency purpose and without the individual’s prior express written consent.

The suit also proposes to cover anyone in the U.S. who, within the past four years, was sent a call by or on behalf of the defendant more than once within a 12-month period, when their cell phone number had been listed on the National Do Not Call Registry for at least 30 days, for the purpose of selling the defendant’s products and services, and from whom Aegis claims it did not obtain prior express consent or obtained it in the same manner as the company claims it obtained consent to call the plaintiff.

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