Lawsuit Alleges Ace Cash Express Placed Illegal Debt Collection Robocalls

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A proposed class action claims Ace Cash Express Insurance Services LLC has placed unlawful telemarketing calls to consumers’ cell phones without obtaining prior consent to do so.

Per the 20-page lawsuit, the defendant has violated the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the use of an automatic telephone dialing system (ATDS) to place telemarketing calls unless the sender has secured the recipient’s prior express consent beforehand. The lawsuit claims Ace Cash has, in an “overzealous attempt to market its services,” placed telemarketing robocalls using an ATDS to consumers who never provided their consent or had any relationship with the company.

“Defendant knowingly made (and continues to make) these debt collection calls via ATDS without the prior express written consent of the call recipients,” the complaint alleges. “As such, Defendant not only invaded the personal privacy of Plaintiff and members of the putative Class, but also intentionally and repeatedly violated the TCPA.”

The plaintiff also individually alleges that Ace Cash Express violated federal and state debt collection laws by calling her repeatedly, and at times known to be inconvenient, in order to collect on a debt that the woman claims not to owe.

According to the suit, Ace Cash Express uses a predictive dialer to place telemarketing robocalls to thousands of consumers at a time without human intervention. The lawsuit says that calls made through this technology can be identified by the lack of an agent on the line when the call is picked up and a characteristic pause and click before the call is transferred to a live person.

The plaintiff says she began receiving calls from the defendant in June 2021 that she believes were placed using automated technology. Per the suit, the calls concerned the collection of an alleged debt. The plaintiff says she never provided her consent to be contacted on her cell phone and does not owe the debt at issue.

The lawsuit further argues that Ace Cash Express violated both the federal Fair Debt Collection Practices Act (FDCPA) and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) by placing repeated and continuous calls to annoy the plaintiff; communicating with her so frequently “as to be unreasonable” and constitute harassment; placing calls with the intent to harass, annoy or abuse the plaintiff; communicating the with plaintiff at times known to be inconvenient; and engaging in conduct that results in harassing, oppressing or abusing the plaintiff.

The plaintiff looks to represent anyone in the U.S. who, within the last four years, received a debt collection call made by or on behalf of Ace Cash Express to their cell phone through an automatic telephone dialing system and/or artificial or prerecorded voice and never consented to receiving such calls.

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