Cirque du Soleil Faces TCPA Lawsuit for Sending Unwanted Faxes

Cirque du Soleil is facing a potential Telephone Consumer Protection Act (TCPA) class action lawsuit for allegedly sending unwanted faxes to unsuspecting recipients.

The unwanted faxes, advertising discounted show tickets, were sent out to so many people that the lead plaintiffs have moved to have the TCPA lawsuit certified as a class action lawsuit. The performance group has asked to pause the case while it negotiates a settlement.

The TCPA was established by the federal government in 1991 to help protect consumers against persistent telemarketers. Under the TCPA, companies cannot use automated dialing systems to make unwanted phone calls, texts, or faxes to homes or businesses without prior consent.

Additionally, companies must adhere to a do-not-call registry and must add recipients to the list when requested.

Overview of TCPA Allegations

The plaintiff, Practice Management Support Service Inc., is accusing Cirque du Soleil of violating the TCPA by sending unsolicited faxes in 2009 that offered 30 percent off tickets to a music show.

U.S. District Judge Thomas M. Durkin has been asked to certify a class of potential plaintiffs, including anyone who received a similar unwanted fax from Jan. 29, 2009 to July 08, 2009.

These faxes offered discounted tickets to one of the circus company’s 11 performances in cities across the United States. Overall, Practice Management alleges that Cirque sent over 46,000 faxes during the designated time period.

Court documents indicate that the only differences between the faxes were the dates and times of the shows.

Cirque requested in December 2015 to halt the litigation process. The company says it offered to settle with Practice Management for $1,510 plus all attorneys fees, which is the maximum amount Practice Management stands to gain.

In requesting the pause, Cirque also cited an ongoing TCPA lawsuit, Gomez v. Campbell-Ewald Co., which Cirque says will affect the Practice Management case. In Gomez, the U.S. Supreme Court is being asked to consider whether an offer of settlement, such as the one Cirque claims to have made, makes the plaintiff’s putative TCPA class claim moot.

Essentially, Cirque argues that class action status is not necessary, because they are offering to settle the matter in full.

This TCPA Class Action Lawsuit is Case No. 1:14-cv-02032, in the U.S. District Court for the Northern District of Illinois.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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