Charter Class Action Says Repeated Robocalls Violate TCPA

Charter Communications was hit with a class action lawsuit alleging the company repeatedly called consumers even after being asked to stop in violation of the Telephone Consumer Protection Act.

Lead plaintiff Anton Ewing alleges in his class action lawsuit that Charter, a company that is currently doing business as Spectrum, used an automatic dialer to call his home and mobile phones even though he informed the company that he was not a customer and would no longer like to receive calls.

In the complaint, the plaintiff alleges that he told Charter that he was listed on the National Do-Not-Call Registry when the calls were made. In addition, Ewing says he sent the company an email informing them of that fact but the robocalls continued.

According to the class action complaint, Charter began the automatic calls with a recorded message. Ewing says that these calls caused him harm by invading his privacy, costing him phone charges and minutes on his phone plan.

“For an injury to be ‘particularized’ means that the injury must ‘affect the plaintiff in a personal and individual way,’” noted the plaintiff in his complaint. “In the instant case, it was plaintiff’s phone that was called and it was plaintiff himself who answered the calls. It was plaintiff’s personal privacy and peace that was invaded … despite plaintiff having no prior business relationship with defendants and plaintiff’s attempt to avoid the damage by registering his number on the [do-not-call] registry.”

The plaintiff seeks to represent a nationwide Class of people who received unwanted phone calls from Charter using an autodialing system in the last four years.

“Plaintiff lost time at work while having to answer the multiple repeated solicitation calls of Defendants and thus Plaintiff has lost income that could have been earned working instead of wasted time on the sale calls in order to ascertain the identity of the telemarketer,” alleges the plaintiff in his class action complaint. “The callers refused to immediately identify themselves. This made each illegal telemarketing solicitation call a serious waste of Plaintiff’s valuable time. Each Class member also lost time answering Defendant’s illegal telemarketing calls and thus each Class member has the same or similar concrete injury.”

This is not the first time Charter has been hit with a class action over alleged violations of the Telephone Consumer Protection Act. In July of 2015 a similar action was filed, but appears to have been settled.

Additionally, earlier this month New York’s Attorney General filed a complaint against Charter alleging the company duped customers into paying more for supposedly faster internet speeds. That case alleges Charter owes hundreds of millions of dollars in damages and restitution.

Ewing is represented by Dante T. Pride of The Pride Law Firm.

The Charter Robocall TCPA Class Action Lawsuit is Anton Ewing v. Charter Communications Holding Company LLC, Case No. 3:17-cv-00222, in the U.S. District Court for the Southern District of California.

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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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