Business Financing Firm Ignores Requests to Stop Calling or Texting, Says Class Action

Sienna Marketing & Consulting, which offers business financing services, violates the Telephone Consumer Protection Act by making telemarketing calls and sending text messages without consent to consumers who listed their phone numbers on the national do not call registry, alleged Mark Ortega’s class action Monday (docket 5:24-cv-00487) in U.S. District Court for Western Texas in San Antonio. The plaintiff also alleges that Sienna, which operates as Creative Capital Solutions, violated the Texas Telephone Solicitation Act by making telemarketing calls and sending text messages to consumers in Texas. Ortega has never consented to receive telemarketing communications from Sienna, yet the firm sent him at least 10 text messages and made numerous calls to his cellphone, the complaint said. Around March 7, the Texas resident received a text message from Sienna’s agent, Vincent Palazzo, with Palazzo's contact information, said the complaint. The plaintiff responded by instructing Palazzo not to contact him anymore, but he nevertheless received nine more text messages from Palazzo the very next day, it said. The unauthorized communications that Ortega received from Sienna have harmed him in the form of annoyance, nuisance and invasion of privacy, “and occupied and otherwise disturbed the use and enjoyment of his phone,” said the complaint.