DirecTV Violated TCPA With Robocalls, Class Action Says

A Georgia resident filed a proposed class action lawsuit against DirecTV LLC last month for allegedly violating the Telephone Consumer Protection Act (TCPA) by using an automatic telephone dialing system to place unwanted cell phone calls to him and other restricted phone numbers.

Plaintiff Sebastian C. filed the proposed class action against DirecTV and two telemarketing companies that he alleged placed phone calls using an automatic telephone dialing system to his cell phone and other phone numbers he had registered with the National Do Not Call Registry (NDNC).

The plaintiff alleges he received over two dozen phone calls from DirecTV since December 2014, even after he specifically told the company not to contact him on his cell phone.

Sebastian explains in the TCPA lawsuit that he has never been a customer of DirecTV and did not give the company permission to contact him on his cell phone or other NDNC registry numbers.

In his robocall class action lawsuit, he has proposed three classes: a class for non-customers who received DirecTV robocalls on their cell phones, individuals who received calls from DirecTV despite having registered on the NDNC and individuals who asked to be placed on DirecTV’s internal do not call registry and who still received calls.

According to the lawsuit, Sebastian alleged that DirectTV violated the TCPA as well as FCC rules and the Telemarketing Sales Rule. He said that he made several verbal requests asking to be placed on the company’s own do no call list, yet still continued to receive calls. After numerous calls, he says he wrote letters to DirectTV and to the company’s president, making a formal written request to have the company stop the calls.

Mr. C. did receive a letter from the office of the president of DirecTV that said that the calls would be stopped, yet he continued to receive them, according to the complaint.

Sebastian claimed both negligent and willful violations of the calls, and asked the court to have DirecTV pay $1500 for each willful violation of TCPA and $500 for each negligent TCPA violation. He also requested an injunction to stop DirecTV from continuing the unwanted calls and to reward appropriate damages after a jury trial has been completed.

The plaintiff alleged that DirecTV had a pattern of TCPA violations in the past ten years and was hit with significant fines. In 2005, DirecTV paid $5.3 million to resolve claims made by the FTC. Four years later in 2009, the company faced similar allegations and paid another $2.3 million in TCPA violation fines.

The DirecTV TCPA Class Action Lawsuit is Sebastian C., individually and on behalf of all others similarly situated v. DirecTV LLC et al., Case No. 1:15-cv-03755 in the U.S District Court for the Northern District of Georgia.

Filing a TCPA Class Action Lawsuit

If you have received phone calls that you believe may have been in violation of the TCPA, you may be eligible to file a TCPA lawsuit or robocall lawsuit or you may be able to start or join a robocall class action lawsuit or TCPA class action lawsuit. A TCPA lawyer can provide a free case review and can assist you in determining your legal options.

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