Lawsuit Claims Lendini Sent Automated Telemarketing Texts Without Securing Prior Consent

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Loan referral service Lendini faces a proposed class action lawsuit over its alleged practice of sending automated telemarketing text messages to consumers’ cell phones without first securing their prior express consent to be contacted.

According to the 15-page suit, defendant Funding Metrics, LLC, who does business as Lendini, has run afoul of the federal Telephone Consumer Protection Act (TCPA) and a similar Florida statute, both of which prohibit companies from using automated telephone dialing equipment to send telemarketing messages without the recipients’ consent.

The plaintiff, a Miami resident, claims to have received the following text messages from the defendant in late March and early April 2022:

Per the case, the messages purported to be from “Jeff from AFN Funding.” Upon further inquiry, the plaintiff discovered that the texts were actually from Lendini, the assumed name of Funding Metrics, the suit relays. According to the case, AFN Funding is not one of the defendant’s registered names.

The plaintiff says he never provided his express consent to be contacted and experienced “actual harm,” including invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion, as a result of receiving the texts.

“Defendant’s text messages also inconvenienced Plaintiff and caused disruption to his daily life,” the complaint states, alleging that Lendini has likely sent similar text messages to other individuals.

The plaintiff looks to represent anyone in the U.S. who, within the past four years, was sent a text message or received a call from the defendant or anyone on its behalf to their cell phone without having provided their prior express consent.

Also proposed in the lawsuit is a class covering anyone in the U.S. who, within the past four years, was sent a text message or received a call from the defendant or anyone on its behalf in which the defendant failed to identify itself.

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