Prospects DM Inc. Faces Lawsuit Over Alleged TCPA, FTSA Violations

In an unfolding legal drama, Richard W. Myers and Jason Fernandes have taken Prospects DM Inc., a lead generation company operating call centers, to court. The plaintiffs allege that the company made unsolicited telemarketing calls to them, despite both being registered on the National Do Not Call Registry. "Prospects DM Inc. engaged in cold calling practices," the complaint reads. "They placed calls to us and other consumers without consent."

The lawsuit, filed on September 11, 2023, in the United States District Court for the Northern District of Ohio, alleges that the company violated the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA). The TCPA, enacted in 1991, restricts telemarketing calls and the use of automatic dialing systems, prerecorded voice messages, and fax machines. It also specifies that organizations must honor the National Do Not Call Registry, a service that allows individuals to limit the telemarketing calls they receive. "Prospects DM used an autodialer to place calls," the plaintiffs claim. According to the FTSA, using an autodialer to make sales calls without prior express written consent is a violation.

The plaintiffs further allege that the company continued to make sales calls to them and other Florida residents even after being informed not to call. Myers and Fernandes sent a demand for consent letter to Prospects DM, but received no response. This lack of response, they argue, is further proof of the company's disregard for the law. The plaintiffs are seeking injunctive relief, statutory damages, and costs.

They have also proposed the formation of three classes for the lawsuit: the Do Not Call Registry Class, the Florida Autodial Class, and the Florida Do Not Call Stop Class. These classes would include all persons in the United States and Florida who received more than one call within a 12-month period from Prospects DM after being registered on the National Do Not Call Registry, and all persons in Florida who received sales calls from the company using an autodialer or after requesting not to be called.

This case serves as a reminder of the importance of consumer protection laws and the potential consequences for companies that disregard them. As the legal proceedings continue, all eyes will be on the Northern District of Ohio to see how this case unfolds.