CLAIN v. UPWARD ADVANCE LLC

What this case is about

The plaintiff is suing Upward Advance, a financial services company, alleging that the company violated federal telephone communication laws by sending unsolicited calls or text messages to consumers without their proper consent. The lawsuit claims that Upward Advance used automated dialing systems or pre-recorded messages to contact people on their cell phones for marketing or promotional purposes, which is restricted under the Telephone Consumer Protection Act. The proposed class would include other consumers across the country who received similar unwanted communications from Upward Advance without having given the company permission to contact them in this manner. The plaintiff is seeking damages on behalf of themselves and all others similarly affected by these alleged practices.

What happens next

The case is in its earliest stage. The defendant has not yet responded. Class certification — the court's decision on whether the case can proceed as a class action — typically takes 12 to 24 months after filing. See our FAQ for how class actions work and what it means to be a class member.

Source: CourtListener docket entry. This summary was generated automatically from the public docket and has not been reviewed by an attorney. It may contain errors and may not reflect subsequent filings. Published by Access Law Group; responsible attorney Bogdan Enica, Esq..