Friday, February 24, 2017

Firm Sues Fingerhut For TCPA Violations

The lawyers at Shuster & Saben filed suit in Orange County, Florida against Bluestem Brands, Inc. a company that does business as Fingerhut on behalf of a Orlando resident.  The suit alleges that Fingerhut called our client 59 times in a mere 19 days.  The lawsuit was filed under the Telephone Consumer Protection Act, a/k/a the TCPA.  The TCPA prohibits any company from calling a consumer’s cell phone using automated dialing systems unless the consumer has given the company permission to make such calls.

Fingerhut is widely known for its practice of allowing customers to purchase goods on credit and pay for the items on a monthly installment basis over a course of several months.  The firm’s client purchases a grill from Fingerhut after seeing a television advertisement offering the grill for a modest monthly price.  The client made payments on the grill until she lost her job. She was then inundated with calls from Fingerhut and often received three or four calls in a single day.  Fingerhut’s calls became increasingly aggressive and the bill collectors urged the consumer to borrow money from friends, family, or other sources to make a payment on the grill.  The consumer explained that she told Fingerhut to stop calling her but Fingerhut refused.  This lawsuit seeks damages for $1,500.00 per call for at least 59 calls, which equates to $88,500.00.