TCPA Lawsuit Alleges ADT Keeps Calling Claimant

The ADT Corporation is facing a new recently filed Telephone Consumer Protection Act (TCPA) lawsuit, from a woman from Florida alleging ADT keeps calling her cellphone. The woman alleges ADT keeps calling to try to collect on an alleged debt, and that it violated federal and state privacy laws in their conduct.

The TCPA lawsuit alleges that ADT called with the specific purpose to harass and intimidate the plaintiff over a supposed debt.

This TCPA lawsuit is being filed by plaintiff Sandy S., who alleges she has received persistent cellphone calls from the ADT Corporation without her consent. Furthermore, Sandy says that ADT keeps calling her cellphone even after she asked them to stop.

Sandy alleges the ADT phone calls were so bad that she had received multiple calls in the same day. She says that on Aug. 16, 2016, the ADT Corporation allegedly made four calls starting at 8:18 a.m and continued to call her until 10:14 a.m. All of these calls allegedly went to Sandy’s cellphone.

Sandy says that because ADT keeps calling her cellphone, she has been distracted and stressed. She also alleges that the constant calls affect her cellphone’s memory and battery life.

Overview of TCPA Policy and Violations

The Telephone Consumer Protection Act was approved by Congress in 1991 to help combat aggressive telemarketing tactics from companies and debt collectors. The TCPA consists of a number of rules telemarketers and debt collectors must follow when contracting consumers including:

• Only contacting consumers between 8 a.m. and 9 p.m.
• Prohibiting the use of an automated dialing system to generate phone numbers and place calls
• Using an artificial or prerecorded voice to respond if the call is answered
• Companies must have prior consent from consumers before calling or texting them
• Sending unwanted text messages
• Sending unwanted faxes
• Cease calling when consumers ask, and place them on the company’s do not call registry

Sandy claims the ADT Corporation violated the TCPA when the company continued to call her after she asked for it to stop. In fact, alleges the plaintiff, she never gave prior consent to be contacted.

In addition to violating the TCPA, the ADT Corporation also allegedly violated Florida privacy laws with the statute stating that “In collecting debts, no person shall… (7) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family.”

Sandy is filing this claim seeking multiple damages, including willful violation against the TCPA. If the ADT Corporation is found to be in willful violation, the company could be required to pay up to $1,500 per unwanted phone call.

Consumers who are considering filing a TCPA lawsuit should document interactions with the caller, taking note of the following information:

• Date and Time of Call
• Whether or not an Artificial Voice Responded (and if there was a pause before the voice)
• Summary of Call (Take note of voicemail)
• Number of Calls made by Same or Different Numbers

The TCPA Lawsuit is Case No. 9:18-cv-80708-RLR, in the U.S. District Court of Southern Florida.

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