by Sheila Raftery Wiggins
A New Jersey federal court ruled that a class action plaintiff may
assert a claim against the defendant company's Director and General
Manager ("Manager") for personal liability under the Telephone Consumer
Protection Act, 47 U.S.C. § 227 ("TCPA") .
Defendant is a trading firm that provides training to consumers who want
to become Forex traders. Plaintiff is a New Jersey resident who had a
relationship with Defendant that ended four years ago. Plaintiff filed
this class action lawsuit, asserting that Defendant used telemarketing
to solicit potential consumers for its services, including through the
use of pre-recorded voice messages without first obtaining the
consumer's prior express consent. Plaintiff alleges that he received an
unsolicited phone call on his cell phone that he did not answer which
resulted in Defendant leaving a pre-recorded voice message, allegedly in
violation of the TCPA.