Credit Card Firm Ignores Consumers’ Opt-Out Requests, Alleges Class Action

Perpay, a credit card company that targets consumers who are seeking to build or rehabilitate their credit histories, began sending telemarketing text messages to plaintiff Ryan Soud’s cellphone in late January, and the messaging continued despite Soud’s multiple opt-out requests, alleged Soud’s Telephone Consumer Protection Act class action Friday (docket 3:24-cv-00467) in U.S. District Court for Middle Florida in Jacksonville. Soud first wrote “stop” on Jan. 31, and Perpay acknowledged the request that same day, said the complaint. It therefore was “unreasonable” for Perpay to continue texting Soud, in light of its “representations” that Soud “had been opted out of further communications,” it said. As demonstrated by the several screenshots in Soud’s complaint, Perpay “does not honor consumer requests to opt out of text message solicitations,” it said. Perpay’s refusal to honor Soud’s opt-out requests demonstrates that Perpay hasn’t instituted procedures for maintaining a list of persons who request not to receive text messages, said the complaint. “The precise details regarding its lack of requisite policies and procedures” are solely within Perpay’s “knowledge and control,” it said. Perpay’s refusal to honor opt-out requests also demonstrates that the company doesn’t provide the proper training to its telemarketing personnel, and that it doesn’t maintain a standalone do-not-call list, it said. Upon information and belief, Prepay has access to outbound transmission reports for all text messages sent to consumers to advertise or promote its goods and services, said the complaint. These reports show the dates, times, target phone numbers and content of each message sent to Soud and the class members, it said. Prepay also has access to text message logs showing Soud’s and the class members’ inbound opt-out requests, it said.