Debt Relief Firm and Its Vendor Allegedly Called Plaintiff’s Cellphone 11 Times
Manuel Guadian listed his personal cellphone number on the national do not call registry April 6 “to obtain solitude from invasive and harassing telemarketing calls.” Yet the pro se plaintiff received at least 11 solicitation calls through January from vendor…
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Upside Legal offering debt relief services on behalf of Houston company Philip Sellers, alleged Guadian’s Telephone Consumer Protection Act complaint Tuesday (docket 3:24-cv-00074) in U.S. District Court for Western Texas in El Paso. Sellers pays Upside a commission fee for every new client Upside generates on Sellers’ behalf, said the complaint. Upside and Sellers make “substantial profit gains through illegal telemarketing,” it said. Guadian of El Paso never requested information about debt relief services and didn’t provide his prior express written consent to receive any of the alleged calls, it said. Sellers and Upside “knew or should have known the requirements for making telemarketing calls and thus knew or should have known that the alleged calls complained of herein violated the TCPA and its regulations,” said the complaint. Upside and Sellers telemarketing agents “employ outrageous, aggressive and illegal sales techniques that violate multiple federal laws and state consumer statutes,” it said. The complaint also alleges violations of the Texas Business and Commerce Code, the law governing telephone solicitations. Guadian seeks statutory damages, plus attorneys’ fees and court costs.