Class Action: Fiverr, World Business Lenders Placed, Recorded Robocalls Without Consent
Fabricant v. World Business Lenders, LLC et al.
Filed: February 10, 2020 ◆§ 2:20-cv-01334
World Business Lenders and Fiverr face a class action that alleges the companies placed and recorded marketing calls without first obtaining consent to do so.
California
A proposed class action lawsuit alleges World Business Lenders, LLC and Fiverr Inc. unlawfully placed and recorded robocalls to consumers nationwide without consent.
Filed in California, the case claims Fiverr was hired to generate leads, place telemarketing calls and transfer answered calls so that World Business Lenders could solicit its services. The complaint contends that Fiverr frequently placed these auto-generated, non-emergency calls without obtaining prior express written consent as required by the Telephone Consumer Protection Act (TCPA).
The suit claims the plaintiff began to receive telemarketing calls from the defendants in May 2019 despite his number’s inclusion on the National Do-Not-Call Registry (DNC) for more than a decade. The case states that the defendants’ calls to the plaintiff featured pre-recorded voice messages and were placed via an automatic telephone dialing system and without consent. Further, the lawsuit claims the defendants recorded their calls to the plaintiff without informing the man or gaining his consent to do so as required by California’s Invasion of Privacy Act, which forbids the practice of intentionally recording a call to a cell phone without first gaining permission from the other party.
The lawsuit looks to represent all consumers in the United States who received a telemarketing call from the defendants that was placed without their permission using an automated dialing system, or who were registered on the DNC for more than a month yet still received multiple calls from the defendants within a 12-month span. The suit also seeks to cover a class of all California residents whose phone conversations were recorded by the defendants without consent within the past year.
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