CenturyLink Class Action Lawsuit Challenges Advertising Robocalls

A class action lawsuit has been launched against CenturyLink claiming that the telecommunications company violated the Telephone Consumer Protection Act.

Plaintiff Lorenzo Quintana filed the CenturyLink class action lawsuit over allegations that he received at least one advertising robocall from CenturyLink.

Quintana claims that the call he received on April 8 violated the TCPA in multiple ways — by advertising the company’s goods and services, the call was placed without his prior express consent to be contacted by the company, and by using an autodialer.

He claims that he had no prior relationship with CenturyLink.

Quintana says he determined that the phone call he received from CenturyLink was made using an autodialer and a recorded message because there was a pause at the beginning of the call.

The CenturyLink TCPA class action lawsuit claims that Quintana attempted to contact CenturyLink to be removed from their call list, and had to change his phone number to stop receiving spam calls from CenturyLink and other companies.

Quintana alleges that his was not an isolated experience — that the company has violated the TCPA multiple times by placing similar calls to numerous customers. He seeks damages on behalf of himself and all other similarly affected consumers.

The TCPA allows individuals to seek up to $500 for every negligent violation of the Act and up to $1,500 for every willful and knowing violation of the Act, so he seeks these damages as well as attorneys fees and costs. He also seeks any other relief that the court determines to be proper.

Quintana also wants an injunction that would bar CenturyLink from continuing to place unlawful and bothersome telephone calls to individuals in violation of the TCPA.

The CenturyLink Telephone Consumer Protection Act class action lawsuit claims that the TCPA was enacted to protect individuals from being bothered by companies attempting to sell products and services.

The CenturyLink robocalls class action lawsuit quoted Senator Hollings, a sponsor of the Act, who said that automated calls were “the scourge of modern civilization. They wake us up in the morning; they interrupt our dinner at night; they force the sick and elderly out of bed; they hound us until we want to rip the telephone cord out of the wall.”

Quintana argues that in the interest of minimizing these unpleasant effects, the TCPA has limited the ways in which a company can contact individuals by telephone.

The Act forbids a company from contacting an individual who has not given prior express consent to be contacted, prohibits companies from using autodialer — a machine that can dial numerous numbers at once — to make calls, and from using an automated recording.

Quintana is represented by Scott Harris of Whitfield Bryson & Mason LLP, and by Joshua D. Arisohn and Andrew Obergfell of Bursor & Fisher PA.

The CenturyLink Telephone Consumer Protection Act Class Action Lawsuit is Lorenzo Quintana v. CenturyLink Inc., Case No. 5:18-cv-00393-D, in the U.S. District Court for the Eastern District of North Carolina, Western Division.

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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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