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Home security and automation company Vivint, Inc. has been hit with a class action lawsuit alleging it violated the Telephone Consumer Protection Act (TCPA) by auto-dialing consumers’ cellphones without their consent.
Illinois resident Christopher Johansen alleges in the Vivint class action lawsuit that the company violated consumers’ privacy rights and the federal TCPA by robo-calling consumers and leaving prerecorded voice messages on their cellphones without their “prior express permission or invitation.” The alleged violations occurred between May 2011 and October 2011.
The TCPA prohibits companies from using an automatic dialing system or artificial or prerecorded voice to contact consumers unless they have provided prior express consent. The TCPA carries a $500 fine per violation.
Johansen is seeking to represent a proposed class of all people in the U.S. who were called on a cellphone by an auto-dialing system or prerecorded voice at Vivint’s direction without providing Vivint permission to do so.
The Vivint TCPA class action lawsuit is seeking $500 in statutory damages for each TCPA violation and, if the court finds those violations were committed willfully or knowingly, trebled damages of $1,500 per violation.
The Vivint TCPA Class Action Lawsuit case is Christopher Johansen v. Vivint, Inc., Case No. 2012-CH-30597, Circuit Court of Cook County, Illinois, Chancery Division. The Plaintiff and proposed Class are represented by Brian J. Wanca of Anderson + Wanca and Max G. Margulis of Margulis Law Group.
UPDATE: Both parties agreed to terminate this class action lawsuit on July 7, 2014. Court documents did not indicate why, but it may be because Vivint Inc. has agreed to settle a similar but separate class action lawsuit filed in Florida federal court (Benzion v. Vivint Inc.). Class Members claim up to $500 each from the Vivint TCPA class action settlement. See how to file a claim now.
UPDATE 2: On Sept. 3, 2015, viewers began reporting they were receiving checks in the mail from the Vivint TCPA class action settlement. Congratulations to everyone who filed a claim and got PAID!
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23 thoughts onVivint TCPA Class Action Lawsuit
UPDATE 2: On Sept. 3, 2015, viewers began reporting they were receiving checks in the mail from the Vivint TCPA class action settlement. Congratulations to everyone who filed a claim and got PAID!
Checks are out $69.41!
It’s very difficult to get any kind of information about the class action lawsuit, I submitted a claim and took all the neccessary steps in filing the claim. What is the next step just sit and wait don’t know.
UPDATE: Both parties agreed to terminate this class action lawsuit on July 7, 2014. Court documents did not indicate why, but it may be because Vivint Inc. has agreed to settle a similar but separate class action lawsuit filed in Florida federal court (Benzion v. Vivint Inc.). Class Members claim up to $500 each from the Vivint TCPA class action settlement. See how to file a claim now.
I got these calls from them with an automated message sometimes two or three a day I always hung up but they would keep calling back even after I pressed 2 to be removed from their calling list the worst ones were at 4 am my ringing phone would wake me and my daughter up I finally just turned off my ringer on my cell and told my friends and family to send me a text and I ‘d called them back I should not have to do this because of robo calls
I have received several calls from Vivint system to activate my alarm system. I Have had an alarm system in my home since it was finished several years ago. I informed the callers this information but it did not seem to faze them at all they just kept talking with their sales pitch. I assumed this was a recorded message and simply hung up the phone. It gets kinda irritating to get such a call in the middle of the night or early in the morning. Any settlement would be appreciated. I’m retired military and have to watch my income. Thanks.
I like a lot of your respondants can’t seem to find the claim form on line. I may have received these calls but I didn’t have the system installed. I have had 2 Strokes and suffer from a diminished memory. I will need further help to complete the claims form. Claude Beshears Ssg Ret. (915)856-3967
where can I find a claim form on line , because I do remember this company calling all the time at my home and when I was working at night when I was trying to sleep.looking forward to hearing from you.Its about time someone does something about these telemarketers when you say no they should leave you along but it only makes them worse.
WHEN YOU ASK TO STOP CALLING THEY SAY OK AND JUST KEEP CALLING
where is online claim form?
The online claim form can be found here: https://secureclaims.abdata.com/vivint
FYI: This claim form is for a class action settlement of a similar but separate case (Benzion v. Vivint Inc.). The Johansen v. Vivint Inc. class action lawsuit was terminated on July 7, 2014. See how to file a claim for the Benzion v. Vivint class action settlement here: http://topclassactions.com/lawsuit-settlements/open-lawsuit-settlements/32646-vivint-tcpa-class-action-lawsuit-settlement/