Nothing more fun than receiving unwanted marketing text messages without consent, amiright?

Well a consumer named DAVID PANIAGUA claims SYMPLE LENDING LLC hit him with unsolicited text messages “to advertise, promote, and/or market Defendant’s property, goods, and/or services.”

Plaintiff claims these texts were sent despite the fact he was on the national do not call list.

Plaintiff claims he has never done business with Symple and did not ask for information regarding its services but that it still intruded into his “peace and quiet.”

Notably one of Symple Lending’s founders Houston Fraley was previously subject to an FTC injunction related to illegal telemarketing— so maybe he’s up to his old tricks? Tough to say.

Regardless Plaintiff seeks to recover for himself and for a class defined as:

All persons in the United States who from four years prior to the filing of this action through the date of class certification (1) Defendant, or anyone on Defendant’s behalf, (2) placed more than one call within any 12-month period; (3) where the person’s telephone number that had been listed on the National Do Not Call Registry for at least thirty days; (4) regarding Defendant’s property, goods, and/or services; (5) who did not purchase or transact business with Defendant during eighteen months immediately preceding the date of the first call; and (6) who did not contact Defendant during the three months immediately preceding the date of the first call with an inquiry about a product, good, or service offered by Defendant.

Remains to be seen how many people fit within this class definition.

The suit is brought pursuant to the DNC provisions of the TCPA, which allow for damages up to $1,500.00 a call– if the allegations turn out to be true.

Notably two courts have recently held text messages are not subject to DNC protection–so even if Symple is spam texting people as alleged that may not actually be illegal in some jurisdictions.

Will keep an eye on this.

You can read the complaint here: Symple TCPA Complaint