Class Action Lawsuit Filed Over Robocalls Looking for Yaz Victims

Class Action Lawsuit Filed Over Robocalls Looking for Yaz Victims

By John Curran

An Illinois woman says in a new class action lawsuit that she was the victim of a robocall seeking women who have dealt with Yaz side effects. She is suing the company behind the robocalls for violating the Telephone Consumer Protection Act (TCPA), a federal law that carries stiff penalties for companies that use automatic dialing systems to call consumers.

Plaintiff Michelle Kaffko alleges in the robocall lawsuit, filed July 26 against R2J2 Studios, LLC, that it is reasonable to believe that an automatic telephone dialing system was used due to the impersonal nature of the call, as well as the requirement of the recipient to press a button to either speak to a company employee or to cease receiving future phone calls.

This last part is a key fact to proving these types of cases. Her TCPA robocall lawyer notes the recording ended with the following: “PRESS 1. PRESS 1 RIGHT NOW. PRESS 1 TO SPEAK WITH A
REPRESENTATIVE RIGHT NOW. PRESS 1 NOW. OR PRESS 9 TO NO LONGER RECEIVE THESE CALLS.”

Kaffko is seeking seeks class action certification of the robocall lawsuit due to the likelihood that other phone owners received these messages from an automatic telephone dialing system. These so-called “robocalls” are illegal under the TCPA, as well as unsolicited text messages. Many recent TCPA lawsuits have revolved around the use of text message spam since many cell phone users don’t think to add their numbers to the national “Do Not Call” registry.

Even if your phone number is on the “Do Not Call” registry, robocalls still do occur. In cases like that of Michelle Kaffko where the phone call was not made with prior consent and was not of a political or charitable nature, these robocalls may be subject to fines of $500 for each contact and then $1,500 if the company knowingly engaged in illegal practices.

The TCPA Robocall Lawsuit is Michelle Kaffko v. R2J2 Studios, LLC, Case No. 13-cv-5343, U.S. District Court, Northern District of Illinois.

Get Free Legal Help for a TCPA Violation

Whether the marketing message comes as a cell phone call or text message spam, victims of TCPA violations have options available to them. Certain legal standards must be met for a lawsuit or class action lawsuit to proceed, so it is important to contact a TCPA lawyer for a review of evidence. One is available by filling out the short form at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation.

Updated August 12th, 2013

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