TCPA Class Action Says FedEx Made Unauthorized Phone Calls

FedEx was hit with a Telephone Consumer Protection Act (TCPA) lawsuit alleging that  the company made unauthorized calls to consumers’ phones.

Plaintiff Najeh Abdallah filed a TCPA class action lawsuit against FedEx, claiming that the popular shipping and delivery company routinely violated TCPA law when making automated delivery calls to customers

The FedEx TCPA class action lawsuit was filed on behalf of all others in a similar situation. This TCPA class action lawsuit is for those who have received robocalls (automated calls) from FedEx anywhere in the country.

According to this TCPA class action lawsuit, these robocalling violations of TCPA law are an invasion of privacy. They can also incur costs against the consumers who receive them.

Telephone Consumer Protection Act

The TCPA was originally enacted in 1991 to defend consumers against unwanted solicitation. TCPA compliance rules have morphed over the years as technology has advanced, but the basis of TCPA law remains the same.

Robocalls, or the use of an automated dialing machine and/or a pre-recorded message system, should not be used to contact any consumer who has not voluntarily and knowingly opted in to receiving such messages.

The definition of robocalling has changed somewhat over time to include SMS text messages as well as telephone calls.

Despite the fact that the TCPA law has been around for many years at this point, some companies choose to continue performing these kinds of calls in order to reach a wider customer base.

The Federal Communications Commission (FCC) reports that TCPA compliance complaints are common. According to the FCC, “Unwanted calls and texts are the number one complaint to the FCC…The FCC received more than 215,000 TCPA complaints in 2014.”

Of course, these complaints are just from consumers who know of the existence of TCPA law. Many consumers who receive these kinds of calls and text messages are unaware of TCPA rules, and ignore them rather than making a report.

Reporting TCPA violations, or even filing a TCPA lawsuit, can be extremely effective in not only encouraging TCPA compliance from companies across the country, but also allowing consumers money per violation.

Actions by a company that are prohibited under the Telephone Consumer Protection Act generally include:

• Calls placed to residences before 8:00 am or after 9:00 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

If you have receive the kinds of calls or texts that can be considered robocalls, you may be able to receive compensation by filing a TCPA lawsuit.

TCPA compliance complaints require that you retain the data pertaining to the alleged violations. Do not delete messages or phone records that you suspect may violate TCPA law, and also keep a written record of these violations.

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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