Cox Class Action Lawsuit Says Robocalls Violate TCPA

A class action lawsuit claims Cox Communications Inc. uses an “automatic telephone dialing system to place non-emergency calls to numbers assigned to a cellular telephone service, without prior express consent.”

Plaintiff Joanne Knapper of Arizona says Cox made out-going calls to her cell phone on multiple occasions between July 2015 and May 2016, in violation of the Telephone Consumer Protection Act.

Knapper contends that those calls were intended, however, for another recipient. She argues therefore, that based on the number of the telephone calls being made and the additional use of an “artificial or prerecorded voice,” that the defendant placed these calls by using an automatic telephone dialing system.

The TCPA specifically states that if a call is made to a recipient or out-going caller within the United States that, “It shall be unlawful… to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice to any telephone number assigned.”

According to the plaintiff, Cox “placed its calls to plaintiff’s cellular telephone number by using equipment which has the capacity to 1) to store or produce telephone numbers to be called, using a random or sequential number generator, and 2) to dial such numbers.”

Knapper also asserts that by using the automated dialing system, Cox could ascertain the best time at which, “a consumer will answer the phone and a person will be available to take the call.” This would have been done by using a “complex set of algorithms,” the Cox class action lawsuit explains.

The TCPA lawsuit states that Cox made at least 17 calls to the plaintiff’s cellular phone. These calls were allegedly made for non-emergency purposes.

Moreover, Cox used the “automatic telephone dialing system,” and contacted the plaintiff while they had no business relationship whatsoever. What relationship transpired was that of having injured and suffering from, “an invasion of privacy, an intrusion into her life, and a private nuisance,” the complaint asserts.

The plaintiff files this class action, individually, and on behalf of all those similarly situated.

Knapper is represented by Aaron D. Radbil of the Greenwald Davidson Radbil PLLC.

The Cox TCPA Class Actions Lawsuit is Joanne Knapper v. Cox Communications Inc., Case 2:17-cv-00913-SPL, in the U.S. District Court for the District of Arizona.

UPDATE: On Feb. 6, 2019, a largeClass won certificationin a lawsuit alleging that Cox Communications placed tens of thousands of unwanted phone calls to consumers in violation of the Telephone Consumer Protection Act.UPDATE 2: October 2019, the Cox robocall class action settlement is now open.Click here to file a claim.

UPDATE 2: On March 29, 2020, Top Class Actions viewers started receiving checks in the mail from the Cox robocall class action settlement worth as much as $536. Congratulations to everyone who filed a claim and got PAID!

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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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