China Telecom Class Action Says Robocalls Interrupt Work Meetings

A California woman alleges that China Telecom Americas Corp. used a robocaller to contact her and other consumers in a new class action lawsuit.

According to Marlene Begay’s China Telecom class action lawsuit, the company called her without permission both interrupting an important work meeting and violating the Telephone Consumer Protection Act (TCPA).

Begay says that despite being on the national Do-Not-Call registry, the company wasted her and other consumers’ time and energy with the annoying robocalls.

“In July 2018, Defendant China Telecom Americas, Corp. (‘Defendant’) and/or its agents called Ms. Begay on her cellular telephone using an autodialer and/or an artificial or prerecorded voice,” states the China Telecom TCPA class action lawsuit. “Ms. Begay did not give Defendant prior express written consent to make this call.”

The TCPA was enacted in the early 1990s by Congress to stymie the growing problem of annoying telemarketing calls burdening the American consumer.

The TCPA slaps steep fines on companies who call consumers using an artificial or prerecorded message by phone or text without prior express consent.

The Act also set up the national Do-Not-Call registry that allows consumers who do not want to be contacted with advertising calls to place their number on a list that companies are blocked from calling.

According to the China Telecom TCPA class action lawsuit, the plaintiff had never had any contact with the company. She states she had certainly never provided express consent to China Telecom to receive annoying telemarketing calls.

“Ms. Begay was harmed by Defendant’s acts in the form of an involuntary telephone and electrical charge; the aggravation, nuisance, waste of time and invasion of privacy that necessarily accompanies the receipt of an unwanted telephone call, especially while at work; and violations of her statutory rights,” alleges the China Telecom unwanted phone calls class action lawsuit.

The China Telecom robocalls class action lawsuit seeks to represent other plaintiffs who received robocalls from the company without giving their prior express written consent. The plaintiff also seeks to represent those who received calls China Telecom allegedly used an autodialer to make.

Use of an autodialer to make advertising calls is also prohibited under the TCPA.

“Plaintiff brings this action for injunctive relief and statutory damages arising out of and relating to the conduct of Defendant in negligently, knowingly, and willfully contacting Plaintiff and class members on their telephones using an autodialer and/or an artificial or prerecorded voice without their prior express written consent within the meaning of the Telephone Consumer Protection Act,” states the China Telecom TCPA class action lawsuit.

Under the TCPA, companies can be fined up to $1,500 per violation, including a fine for each call that is found to be in violation of the law.

Begay and the proposed Class Members are represented by L. Timothy Fisher, Blair E. Reed and Scott A. Bursor of Bursor & Fisher PA.

The China Telecom Unwanted Phone Calls Class Action Lawsuit is Marlene Begay v. China Telecom Americas Corp., Case No. 5:18-cv-04834, in the U.S. District Court for the Northern District of California.

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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