in Newswire Published on April 21, 2021

Big Think Capital Hit with Class Action Over Alleged Robocalls

Cunningham v. Big Think Capital Inc.

Filed: April 20, 2021 ◆§ 2:21-cv-02162

Big Think Capital robocalls to “thousands of persons” without obtaining prior express consent to do so, according to a proposed class action out of New York.

Defendant(s)

Big Think Capital Inc.

Law(s)

Telephone Consumer Protection Act

State(s)

New York

Big Think Capital Inc. placed identical or substantially similar robocalls to “thousands of persons” without obtaining prior express consent to do so, according to a proposed class action out of New York.

Per the case, the loan agency’s robocalls overstepped the Telephone Consumer Protection Act (TCPA), a law that prohibits entities from placing calls to a cellular telephone using an artificial or prerecorded voice without obtaining the recipient’s prior express consent.

The lawsuit claims Big Think Capital has, over the past four years, placed thousands of unlawful calls to residential telephones throughout the U.S. despite failing to obtain the called parties’ consent to do so.

The plaintiff, a Texas resident, says he received from the defendant a June 2018 call that used an artificial or prerecorded voice to deliver the following message:

“Hey, its [sic] Jessica from the business funding unit, Big Think Capital. We communicated a while ago about getting your company some additional working capital. If you still have some interest, just press 1 right now. Our funding specialists are available immediately to get your business pre-approved. Again, just press 1 now and we can review all available options. Thanks [sic] you.”

According to the complaint, the plaintiff pressed 1 and spoke with a Big Think Capital representative about business financing opportunities. The plaintiff says the defendant never obtained his express written consent before placing the call.

The lawsuit claims the plaintiff suffered “concrete harm” as a result of the call “in that the telephone call tied up Plaintiff’s telephone line, invaded Plaintiff’s privacy, disturbed Plaintiff’s solitude, caused Plaintiff annoyance, used up Plaintiff’s cell phone battery and wasted Plaintiff’s time.”

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