A robocall lawsuit has been filed against Caribbean Cruise Line Inc. by a Mississippi resident alleging she received unsolicited telephone calls from the company to her personal cell phone number.
On Oct. 30, plaintiff April Perry filed this Caribbean Cruise TCPA lawsuit. “In approximately January 2013, [Perry] began receiving calls from Defendant offering free cruises,” the TCPA lawsuit alleges. “At no time did Plaintiff give Defendant her ‘prior express written consent’ to be called by Defendant with an ‘automatic telephone dialing system,’ including a predictive dialer, and/or using an artificial or pre-recorded voice,” which is a violation according to the Telephone Consumers Protection Act (TCPA).
Perry claims that each time she answered a phone call on her cell phone from Caribbean Cruise, she would hear a pause before an actual person came on the line to speak or, alternatively, an artificial “robo-call” voice would instruct Perry to wait for an available representative.
These encounters have led the plaintiff to claim that Caribbean Cruise is using an automatic telephone dialing system with pre-recorded, artificial voices.
At end of January 2013, after she claims to have received several calls from Caribbean Cruise, Perry allegedly called the company and informed the customer representative that she was not interested in a cruise and advised them to take her name of the calling list as she did not wish to receive any more phone calls.
The TCPA lawsuit states the Caribbean Cruise representative allegedly assured Perry that her number would be removed from the call list. However, Perry claims that even after this direct phone conversation, she continued to receive autodialer calls and robocalls to her cellphone.
When Perry received these calls, she would then allegedly speak to a customer representative and again repeat, “do not call this number anymore, I don’t want to go on a cruise.”
Despite Perry’s attempts to stop receiving calls, Caribbean Cruise allegedly continued to call her cell phone from January until late April 2013. During this time period, Perry allegedly received 50 to 70 Caribbean Cruise autodialer calls, the TCPA lawsuit reports.
The plaintiff and her legal counsel have filed this Caribbean Cruise TCPA lawsuit alleging the cruise company violated TCPA statutes by using an automatic dialing system to contact Perry without her express consent.
The Caribbean Cruise TCPA Lawsuit is Perry v. Caribbean Cruise Line Inc., Case No. 0:14-cv-62462-BB, in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division.
What is the Telephone Consumer Protection Act?
The Telephone Consumer Protection Act (or TCPA) is a set of laws established by the federal government to limit telemarketers’ use of automatic telephone dialing equipment and prerecorded, or “robocall,” messages when contacting consumers.
According to the Caribbean Cruise robocall lawsuit, the plaintiff alleges the company has violated TCPA laws by initiating telephone calls using an automatic dialing system or an artificial voice to contact her without her prior express consent.
Caribbean Cruise is not the only business or entity facing a TCPA lawsuit. Over the past few years, hundreds of U.S. consumers have filed TCPA lawsuits or joined TCPA class action lawsuits against companies, telemarketers, and banks alike who have allegedly contacted consumers through automated dialing systems without the consumers’ prior express consent.
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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