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Frontier Communications Hit with Telemarketing Class Action Lawsuit
By Anne Bucher
Frontier Communications Corp. has been hit with a proposed class action lawsuit filed in Connecticut federal court by a consumer who accuses the telephone company of making thousands of telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA).
The TCPA was enacted by Congress in 2001 to regulate the fast-growing telemarketing industry and to protect consumers’ privacy from intrusive telemarketing phone calls. The TCPA prohibits companies from making unsolicited phone calls to consumers via automated dialing systems or pre-recorded telephone calls. The TCPA also forbids companies from making telemarketing calls or sending text messages to phone numbers that are listed on the national Do Not Call Registry. The TCPA applies to landlines, cell phones and FAX machines.
In her TCPA class action lawsuit, plaintiff Diana Mey says that Frontier used an autodialer and placed two telemarketing calls to a phone number that was registered on the national Do Not Call Registry in violation of the TCPA. She claims that the company has failed to put a stop to its illegal telemarketing practices, even though it has been receiving complaints since 2011. Mey claims that the number of proposed Class Members is likely to be in the thousands.
According to the class action lawsuit, Mey received a phone call on July 3 from a telemarketer calling on behalf of Frontier. The telemarketing representative identified herself as Kimberly McGuiness following an “audible click from the receiver,” which indicated that the telemarketing call was placed with an automatic dialing system. Mey says she received a similar call from Frontier on July 23, after she had complained to the company about the earlier call.
Mey insists that she is not a customer of Frontier and that she has never provided her cell phone number to the company. In her class action lawsuit, she alleges that Frontier violated the TCPA by using an autodialer to make a call to a number that was on the national Do Not Call Registry. She accuses Frontier of contracting with a third-party company to make thousands of unsolicited telemarketing calls to consumers throughout the United States.
“Because the calls were transmitted using technology capable of generating hundreds of thousands of telemarketing calls per day, and because telemarketing campaigns generally place calls to hundreds of thousands or even millions of potential customers en masse, Ms. Mey brings this action on behalf of a proposed nationwide class of other persons who received illegal telemarketing calls from or on behalf of Frontier,” the class action lawsuit says. She is seeking statutory damages of $500 for each negligent violation of the TCPA and $1,500 for each knowing violation. She is also seeking injunctive relief to bar Frontier from violating the TCPA in the future.
Mey is represented by Nicholas John Cicale of the Law Office of Nicholas J. Cicale.
The Frontier TCPA Class Action Lawsuit is Mey v. Frontier Communications Corp., case number 3:13-cv-01191, in the U.S. District Court for the District of Connecticut.
UPDATE: On Jan. 25, 2017, Frontier Communications agreed to settle a proposed class action for $11 million, resolving allegations it illegally made thousands of telemarketing calls to consumers without their consent to generate sales.
If you have received unsolicited phone calls, text messages or faxes, you may be entitled to compensation under the TCPA. To find out more about your legal rights, visit the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. When you submit information about your situation, a TCPA lawyer will conduct a free case review to determine whether you qualify to join a TCPA class action lawsuit.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
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UPDATE: On Jan. 25, 2017, Frontier Communications agreed to settle a proposed class action for $11 million, resolving allegations it illegally made thousands of telemarketing calls to consumers without their consent to generate sales.