A few days ago a reader
inadvertently tipped me off
to a Family First Life lawsuit.
I was able to independently verify a proposed class-action was filed against Family First Life last October.
The lawsuit was filed in Florida. On February 28th an Amended Complaint was filed, which we’re going over today.
Named Plaintiffs in the proposed class-action are Reynaldo Suescum and Francisco Baserva.
Suescum and Baserva are residents of Florida and have no direct connection to Family First Life.
Family First Life LLC, a Connecticut corporation, is the sole named defendant.
Suescum and Baserva (Plaintiffs) allege Family First Life robocall spammed them late last year.
Plaintiffs allege the calls violated the Telephone Consumer Protection Act (TCPA) and Florida Telephone Solicitation Act (FTSA).
The first robocall instance presented as evidence was an SMS sent to Suescum’s phone on September 29th, 2021.
The SMS, sent from Michelle, who identifies as Family First Life’s hiring manager, pitches Suescum on a $2800 to $3900 per week income.
Suescum responded “Stop” to the message, which was acknowledged by the network.
Plaintiffs point out that Family First Life’s unsolicited SMS does “did not include instructions on how to opt-out of future messages”.
Despite acknowledging no further communication would be sent, Family First Life sent Suescum another unsolicited SMS on October 18th.
This message, sent via a different number, was from “Teri with Family First Life”. No income claims and instructions on how to opt out were provided.
The SMS however was still unsolicited, and a violation of Suescum’s previous opt-out request.
Baserva received two identical SMSs from Family First Life, sent on September 4th and October 8th.
Baserva states his number “has been registered with the National do-not-call registry since December 2017”.
Both Suescum and Baserva allege at no point did they “provide Family First Life with their express consent to be contacted.”
As alleged by the Plaintiffs;
Family First Life’s refusal to honor opt-out requests is indicative of Defendant’s failure to
(1) maintain an internal do not call list; and
(2) inform and train its personnel engaged in telemarketing in the existence and the use of any internal do not call list.
To transmit the above telephonic sales calls, Family First Life utilized a computer software system that automatically selected and dialed Plaintiff’s and the Class members’ telephone numbers.
Family First Life’s use of automated, instantaneous opt-out confirmations show that Family First Life has the capability of immediately and easily complying with Suescum’s opt-out requests and opt-out requests from putative class members.
Despite these technologically advanced capabilities, Family First Life ignored opt-out requests and instead committed themselves to an unrelenting text message marketing campaign that was poorly supervised.
The Plaintiff’s proposed class-action seeks to establish three classes:
🤖 Quick Answer
What is the Family First Life lawsuit about?A proposed class-action lawsuit was filed against Family First Life LLC in Florida in October, with an Amended Complaint filed in February. Named plaintiffs Reynaldo Suescum and Francisco Baserva allege the Connecticut corporation conducted robocall spam in late 2023, violating the Telephone Consumer Protection Act and Florida Telephone Solicitation Act.
Who are the parties involved in this legal action?
The plaintiffs are Florida residents Reynaldo Suescum and Francisco Baserva, who have no direct connection to Family First Life LLC. The defendant is Family First Life LLC, a Connecticut corporation, named as the sole defendant in the class-action complaint filed in Florida courts.
What legal violations are alleged in the complaint?
Plaintiffs allege that Family First Life violated the Telephone Consumer Protection Act and the Florida Telephone Solicitation Act
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