Charter Communications Seeks to Dismiss TCPA Class Action

Charter Communications Corp. filed a motion to dismiss a class action lawsuit accusing the company of using robocalls and automatic telephone dialing systems to solicit business, including making calls to consumers’ cell phones.

Charter contends that because the plaintiff was not harmed, she is not eligible to file a Telephone Consumer Protection Act (TCPA) lawsuit.

Charter, the nation’s fourth largest cable company, was hit with the Telephone Consumer Protection Act class action lawsuit in California federal court. The lead class action plaintiff, Judith Davis, alleges that Charter used an automatic telephone dialing system to call non-customers to sell Charter’s services.

The Charter TCPA lawsuit also alleges that Charter made multiple unwanted phone calls to Davis’ cellular phone and that she “never provided any personal information…for any purpose whatsoever.”

Businesses are required to get approval from a consumer to receive sales calls. But Davis didn’t even use Charter’s services.

“Plaintiff is not a customer of [Charter’s] services and has never provided any personal information, including her cellular telephone number, to [Charter] for any purpose whatsoever,” the Charter TCPA lawsuit said. “Accordingly, [Charter] never received plaintiff’s ‘prior express consent’ to receive calls using an automatic telephone dialing system or an artificial or prerecorded voice on her cellular telephone.”

Davis further alleges the automated, unsolicited cell phone calls began in May and ran through June on a “virtual daily basis” and that the unwanted phone calls selling Charter’s services were willful and negligent TCPA violations as she did not provide prior express consent.

The complaint seeks to include everyone who received one of the automated calls from Charter, possibly numbering in the thousands. Davis seeks up to $1,500 for each violation of the TCPA, for a potential total liability of more than $5 million.

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) is the main federal law intended to curb unsolicited phone calls using automatic telephone dialing systems. These calls are banned unless the consumer previously gave consent to receive them or the call is for emergency purposes.

This ban applies even if you have not placed your phone number on the national Do-Not-Call list.

The law specifically states that each unsolicited phone call carries a civil fine of between $500 to $1,500. For cell phone users, the problems could be more than just simple annoyances.  Many cell phone carriers charge per received call and the problem is amplified if the recipient is on a pre-paid cell phone plan.

Unwanted Cell Phone Calls and TCPA Protection

The TCPA makes it illegal for advertisers to make calls using an automatic telephone dialing system or artificial or prerecorded voices to cellular phones without the consent of the recipient and also includes a fine for unsolicited text message advertisements ranging from $500 to $1,500 per violation.

Class action lawsuits under the TCPA are becoming more common due to the potential penalties and because the statute does not require proof of individual damages. Claims of liability in the millions and settlements for substantial sums are not uncommon and will continue as companies struggle to comply.

The Charter TCPA class action lawsuit is Judith Davis et al. v. Charter Communications of California, Case No. 5:15-cv-01302, 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.

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