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Career Counseling, Inc. v. Amerifactors Financial Group, LLC

United States District Court, D. South Carolina, Columbia Division

September 26, 2017

Career Counseling, Inc. d/b/a Snelling Staffing Services, a South Carolina corporation, individually and as the representative of a class of similarly situated persons, Plaintiffs,
v.
Amerifactors Financial Group, LLC, Gulf Coast Bank and Trust Company and John Does 1-5, Defendants.

          ORDER AND OPINION

         Plaintiff Career Counseling, Inc. d/b/a Snelling Staffing Services (“Career Counseling” or “Plaintiff”), on behalf of itself and all others similarly situated, filed the instant putative class action seeking damages and injunctive relief from Defendants Amerifactors Financial Group, LLC (“AFGL”), Gulf Coast Bank and Trust Company and John Does 1-5 (collectively “Defendants”) for alleged violations of the Telephone Consumer Protection Act (“TCPA”) of 1991, as amended by the Junk Fax Prevention Act of 2005 (“JFPA”), 47 U.S.C. § 227, and the regulations promulgated under the TCPA by the United States Federal Communications Commission (“FCC”). (ECF No. 1.)

         This matter is before the court on AFGL's Motion to Dismiss pursuant to Rules[1] 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure (ECF No. 29). Career Counseling opposes AFGL's Motion to Dismiss asserting that it “should be denied in its entirety.” (ECF No. 43 at 1.) For the reasons set forth below, the court GRANTS AFGL's Motion to Dismiss pursuant to Rule 12(b)(1) and DENIES AS MOOT AFGL's Motion to Dismiss pursuant to Rule 12(b)(6).

         I. RELEVANT BACKGROUND TO PENDING MOTION

         Career Counsel alleges that “[o]n information and belief, on or about June 28, 2016, Defendants[2] transmitted by telephone facsimile machine an unsolicited facsimile to Plaintiff” that stated in relevant part as follows:

AMERIFACTORS
--FUNDING BUSINESS IS OUR BUSINESS--
FAX COVER
To: Gina McCuen
Fax: 8033593008
Re: Financing for SNELLING STAFFING SVC
Phone: (407)566-1150
Fax: (407)566-1250 fsudovsky@amerifactors.com
From: Frank Sudovsky
Date: 6/28/16

         AmeriFactors is ready to help your company with your financing needs. We have been in business since 1990, and have funded over $5 Billion to U.S. businesses of all sizes.

         Our application process is fast and easy, with 98% of all applicants approved. Bankruptcy and bad credit are okay. The services we offer are n ...


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