Time Warner Cable Hit with Robocall Class Action Lawsuit

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A California man says that he repeatedly received voice mails from an automatic dialing system operated by, or by an agent of, Time Warner Cable Inc. in violation of the federal Telephone Consumer Protection Act. He is filing a class action lawsuit on behalf of other people who received the same illegal robocalls.

Plaintiff John Fontes alleges in the Time Warner class action lawsuit that on three separate occasions he received robocalls that resulted in messages stating that each was “an automated message about an important change in the status of your account,” but specifically named another person, Anna Pounzie. A few weeks later, he received a similar message from Time Warner Cable.

According to the TCPA class action lawsuit, the man “is neither a subscriber nor client… nor provided … personal information or cellular telephone number” making the calls unsolicited. The complaint also takes pains to note that the calls were made with an automatic telephone dialing system, a key component of successful cases, according to recent decisions in federal court in California.

Fontes is seeking damages based on the economic injury incurred by using airtime to listen to the repeated voice mails that resulted from the Time Warner robocalls on behalf of himself and a class “consisting of all persons within the United States who received any telephone call/s from Defendant or its agent/s and/or employee/s to said person’s cellular telephone made through the use of any automatic telephone dialing system within the four years prior to the filling of the complaint.” The time frame is consistent with the statutory limits of the Telephone Consumer Protection Act.

The Time Warner robocall class action lawsuit also does not seek “any recovery for personal injury and claims related thereto” enabling the legal team for Fontes and the others in the class to focus solely on the statutory violations available through the TCPA as well as economic injury caused by the use of cell phone minutes to take the calls or check their voice mail.

The Time Warner Cable Robocall Class Action Lawsuit is John Fontes v. Time Warner Cable Inc., Case No. 14-cv-02060, U.S. District Court, Central District of California.

If you have received automated phone calls or text message spam from a company with which you do not have a commercial or business relationship, you may be able to seek compensation. See if you qualify at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation.