A recent legal filing alleges that a financial services company made repeated unsolicited telemarketing calls to consumers using pre-recorded messages without their consent, raising questions about compliance with federal regulations intended to protect privacy. The complaint was filed by Jason Chesterman in the United States District Court for the District of New Jersey on April 14, 2026, naming Fundwell, Inc. as the defendant.
According to the class action complaint, Chesterman claims that Fundwell, Inc. violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C §§ 227 et seq., by making unauthorized telemarketing calls to his cellular phone using artificial or pre-recorded voices. The plaintiff states that these calls were made for business solicitation purposes and were received despite his number being registered on the National Do Not Call Registry since March 10, 2009.
The document outlines that Congress enacted the TCPA in 1991 to address what it described as an “intrusive invasion of privacy” caused by unrestricted telemarketing practices. Under current regulations, all pre-recorded telemarketing calls to residential lines and wireless numbers require prior express written consent from recipients. The complaint emphasizes that “Defendant knowingly and willfully made (and continues to make) unsolicited telemarketing phone calls utilizing an artificial or pre-recorded message without the prior express written consent of the call recipients.”
Chesterman details several instances where he allegedly received such calls from various phone numbers associated with Fundwell, Inc., beginning in March 2026 and continuing thereafter. He asserts that at no time did he provide his cell phone number to Fundwell or give consent for marketing communications. Furthermore, he describes one instance where a representative named Tracey Mills continued to contact him via both phone calls and text messages offering business funding products after initial contact.
The complaint also references additional consumer complaints posted online about similar experiences with Fundwell’s alleged telemarketing practices. One reviewer wrote: “I continually receive phone calls from your company for solicitation… When I block a number you call from another number.” Another stated: “This organization calls my business phone dozens of times a week… It is beyond harassment [SIC].” A third reviewer reported: “Calling me almost every day for about a month now although I asked to stop calling me every single time.”
Legally, Chesterman argues that these actions constitute multiple violations of both sections (b) and (c) of the TCPA as well as related Federal Communications Commission rules regarding telephone solicitations and do-not-call lists. He alleges that Fundwell failed to check the National Do Not Call Registry before placing solicitation calls and did not implement reasonable procedures to prevent such violations.
The suit seeks certification as a class action on behalf of two groups: individuals who received solicitation or telemarketing calls from or on behalf of Fundwell using a prerecorded voice without prior express consent within four years prior to filing; and individuals registered on the National Do Not Call Registry who received more than one telephone solicitation promoting Fundwell’s goods or services within any twelve-month period during those four years.
Chesterman requests statutory damages of $500 per negligent violation and up to $1,500 per knowing or willful violation for each member of the proposed classes under federal law. In addition to monetary relief, he asks for an injunction prohibiting Fundwell from making further unsolicited artificial or prerecorded voice phone calls and other equitable remedies deemed appropriate by the court.
The plaintiff is represented by Ross H. Schmierer of Kazerouni Law Group, A.P.C., based in New York City. The case is identified as Case Number 2:26-cv-03928.
Source: 226cv03928_Chesterman_v_Fundwell_Inc_Complaint_District_New_Jersey.pdf
