By Sarah Mirando  |  August 20, 2012

Category: Legal News
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Dell Robocall TCPA Class Action Lawsuit

By Matt O’Donnell

 

DellA California woman has filed a class action lawsuit against Dell, Inc. for calling her cell phone more than 100 times over a six-week period regarding a past-due account. She alleges the unsolicited and harassing calls violated the Telephone Consumer Protection Act (TCPA), which prohibits companies from using an autodialing system to make phone calls to cell phones without prior consent.

Plaintiff Rose Magyar alleges in the Dell TCPA class action lawsuit that the calls started in October 2011 and were made with an autodialing system. Dell “frequently, though not always, left messages using an artificial or prerecorded voice,” the class action lawsuit says. The calls were not only a nuisance, but also violated the TCPA as well as well as a court-ordered stay in Magyar’s Chapter 13 bankruptcy, Magyar states.

The TCPA prohibits the use of autodialing (or robocalling) to make phone calls to cell phones without the consent of the consumer or absent an emergency. The statutory award for robocall victims is $500 per phone call placed.

The class action lawsuit states that Magyar was charged for each incoming call due to the terms of her cell phone contract. She is seeking statutory damages from Dell as well as a Court order banning Dell from making calls to customer cell phones without their consent.

The Dell Robocall TCPA Class Action Lawsuit case is Rose Magyar v. Dell, Inc., Case No. 12-cv-1899, U.S. District Court, California Southern District, San Diego.

 

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Updated August 20th, 2012

 

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