Sprint Class Action Alleges Telemarketers Ignored Do Not Call Registry

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A class action lawsuit filed against Sprint Corporation alleges the wireless phone company violates the Telephone Consumer Protection Act (TCPA) by contacting consumers for telemarketing purposes using an auto-dialing system, even though those consumers’ telephone numbers are on the Do Not Call Registry.

The class action claims Sprint’s telemarketing violations caused injury “because they were frustrating, obnoxious, annoying, were a nuisance and disturbed the solitude of plaintiff and the class.”

According to the Sprint class action lawsuit, the TCPA was enacted to protect consumers from unwanted telemarketing, because “[u]nrestricted telemarketing. . . can be an intrusive invasion of privacy[.]” To help stop these unwanted calls, the National Do Not Call Registry was created.

Federal regulation provides that a consumers’ number on that Registry “must be honored indefinitely, or until the registration is cancelled by the consumer or the telephone number is removed by the database administrator.”

Plaintiff Peter Gillis states that he put his cell phone number on the National Do Not Call Registry on March 1, 2005. Despite this, Gillis asserts that Sprint called him on that number, using an auto-dialer system (ATDS).

“When the call was answered, there was a lengthy pause and a click followed by silence before a pre-recorded message came on the line, which indicated to the Plaintiff that the call was made using an ATDS,” the complaint alleges.

The class action notes that “Sprint made these automated calls to the Plaintiff and other putative class members even though the Federal Trade Commission had fined Sprint $7,500,000 in May of 2014 stemming from allegations of violating the TCPA’s Do Not Call regulations.” In addition, Sprint faced a similar fine in 2011.

The complaint requests certification of a Class of all persons in the U.S. who in the past four years have received on their cell phones one or more telemarketing calls from Sprint (or a third party acting on Sprint’s behalf) using an ATDS. The class action seeks damages of $500 for each illegal call Sprint made, as well as an injunction prohibiting Sprint from further violations of the TCPA.

Gillis is represented by Anthony I. Paronich and Edward A. Broderick of Broderick & Paronich PC, Alex M. Washkowitz and Jeremy Cohen of CW Law Group PC, and Matthew P. McCue of The Law Office of Matthew P. McCue.

The Sprint Telemarketing Violations Class Action Lawsuit is Peter Gillis v. Sprint Corporation, Case No. 1:17-cv-10305, in the U.S. District Court for the District of Massachusetts.

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Under the TCPA, business cannot use automated dialing services to make phone calls or send text messages without the express consent of the consumer.

Consumers who have received text message spam may be able to bring a TCPA lawsuit against the company. 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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