Lawsuit Pegs Lexington Law Firm with Alleged TCPA, FCRA Violations
Last Updated on May 8, 2018
Rosales v. Heath
Filed: March 20, 2017 ◆§ 8:17-cv-00087
A proposed class action claims defendant Lexington Law Firm, in an effort to market its 'credit repair services,' violated the TCPA.
A proposed class action claims defendant Lexington Law Firm, in an effort to market its “credit repair services,” unlawfully sent unauthorized, automated text messages to consumers’ cell phones in violation of federal law. In addition to alleged Telephone Consumer Protection Act (TCPA) violations, the complaint also claims Lexington Law Firm ran afoul of the Fair Credit Reporting Act (FCRA) by obtaining consumer background reports for unlawful purposes. From the lawsuit:
“The consumers, like [the plaintiff] here, have not agreed to obtain credit repair services from Lexington Law, have not agreed to allow Lexington Law to obtain their credit report information, and have not provided Lexington Law their cellular telephone numbers or their prior express written consent to auto-dial them,” court records say.
The case claims specifically that the unwanted text messages are triggered by and coincide with a “hard” inquiry conducted by the defendants on a consumer’s credit report.
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