in Newswire Published on July 29, 2022

Lawsuit Claims Advantage Gold Called Numbers on Do Not Call Registry Without Consent

Daschbach v. Advantage Gold, LLC

Filed: July 28, 2022 ◆§ 1:22-cv-03940

A class action alleges Advantage Gold has placed unlawful unsolicited telemarketing calls to phone numbers listed on the National Do Not Call Registry.

Defendant(s)

Advantage Gold, LLC

Law(s)

Telephone Consumer Protection Act

State(s)

Illinois

A proposed class action alleges Advantage Gold, LLC has violated federal law by placing unsolicited telemarketing calls to phone numbers listed on the National Do Not Call Registry.

The 12-page case claims that Advantage, who specializes in rolling over consumers’ individual retirement accounts (IRAs) and eligible 401(k) accounts into gold and other precious metals, has attempted to market its financial services by placing telemarketing calls to consumers whose numbers appear on the National Do Not Call (DNC) Registry without first obtaining consent. Per the case, this conduct violates the federal Telephone Consumer Protection Act (TCPA).

“The TCPA was enacted to protect consumers from unauthorized, unsolicited telephone calls exactly like those alleged in this Complaint—calls placed to numbers without prior express invitation or permission to persons who listed their phone numbers on the Do Not Call registry,” the complaint reads.

The plaintiff, a New Hampshire resident, says he began receiving unsolicited telemarketing calls from Advantage Gold in August 2021 even though his phone number was listed on the DNC Registry since February 2019.

Per the suit, all of the calls, which were placed from the numbers (323) 454-6879, (323) 454-6873, (323) 454-6870, and (323) 454-6872, sought to solicit the plaintiff to purchase Advantage Gold’s services.

The plaintiff claims to have never provided the defendant with his consent to receive the calls, and says he had no prior relationship with the company.

The lawsuit, which seeks a court order requiring Advantage Gold to stop its “unauthorized telemarketing activities” and an award of damages to those affected, looks to represent the following class:

“All persons in the United States who from four years prior to the filing of the initial complaint in this action to the present: (1) Defendant Advantage Gold, or a third person acting on behalf of Defendant, caused to be called; (2) on his/her telephone; (3) at least twice within any 12-month period; (4) where the telephone number had been listed on the National Do Not Call Registry for at least thirty days; (5) for the purpose of selling or promoting Advantage Gold’s products or services; and (6) for whom Advantage Gold claims it obtained prior express invitation or permission in the same manner as Advantage Gold claims it obtained prior express invitation or permission to call Plaintiff, or for whom it did not obtain prior express invitation or permission.”

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