California Man Sues Adobe for TCPA Auto Dialer Violations

A California man recently filed a TCPA class action lawsuit against Adobe, claiming that the company used an auto dialer to continuously call him without his consent over a period of months.

Plaintiff Jason Alcaraz filed the Adobe TCPA class action lawsuit, claiming that the auto dialer calls he allegedly received were negligent and willful violations of the Telephone Consumer Protection Act (TCPA). According to Alcaraz, the calls began in December 2014 when he contacted Adobe for a refund on a mistake made to his account.

Shortly afterwards, the TCPA lawsuit claims, Adobe began repeatedly calling the Alcaraz’s cell phone number in order to claim an alleged outstanding payment. These calls were made, the lawsuit alleges with an auto dialer system.

According to the complaint, Alcaraz never gave his consent to receive these auto dialer calls, which violates the TCPA. Alcaraz further alleges he attempted to get Adobe to cease their calling, but the auto dialer calls kept coming.

The TCPA class action lawsuit is filed on behalf of Alcaraz and all others similarly situated. Class members seek statutory damages of $500 per negligent violation and $1,500 per willful violation of the TCPA.

The Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act of 1991 (TCPA) was intended to protect consumers from unwanted solicitation by outside parties, including retail and other businesses. This includes the placement of robocalls – the use of an auto dialer and/or a pre-recorded message, including SMS text messages, to reach consumers. Nevertheless, according to consumers, many companies choose to perform these kinds of calls anyway.

Actions by a company that are prohibited under the TCPA generally include:

• Calls placed to residences before 8 am or after 9 pm, local time
• Calling consumers who specifically asked the company not to call them (i.e. consumers on the company’s do-not-call list)
• Calling consumers on the National Do Not Call Registry
• Failing to identify the person or entity on whose behalf the call is being made
• Using an artificial voice or a recorded message
• Using an automated dialing machine to place the call
• Sending unsolicited advertising faxes

These restrictions do not apply if a consumer has provided prior express consent to be contacted, which negates do-not-call status and considers texts or calls solicited. Prior to 2013, prior express consent included oral or implied approval to receive calls, such as providing your phone number to a company.

If you have received these kinds of calls or texts from Adobe or another company, and you believe them to be in violation of the TCPA, you may be eligible to join a TCPA class action lawsuit.

In order to be involved in a class action lawsuit against a company for TCPA violations, you will need to keep a good record of your experience with these messages and calls. Do not delete messages or phone records, and keep written record of violations.

The Adobe TCPA Class Action Lawsuit is Jason Alcaraz, on behalf of himself and others similarly situated v. Adobe Systems Inc, et al, Case No: 8:16-cv-00184 in the U.S. District Court for the Central District of California.

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.

Get a Free Case Evaluation Now