DirecTV Hit with Robocall Class Action Lawsuit
By Courtney Coren
A California man has filed a class action lawsuit against DirecTV for allegedly contacting him on his cellphone in violation of the Telephone Consumer Protection Act (TCPA).
Tara Miller began receiving unsolicited phone calls from DirecTV in May 2013 with an ‘automatic telephone dialing system’ (ATDS), also known as a robo-caller, that uses an ‘artificial or prerecorded voice,’ both of which are in violation of the TCPA. The phone calls continued through July 2013, in an effort by DirecTV to reach new clients.
According to Miller’s class action lawsuit, DirecTV left numerous prerecorded messages in Spanish that were attempts to contact someone who is a client of the cable company.
On June 5, Miller contacted DirecTV to inform the cable company about the messages he was receiving, asking that the calls stop. Miller made it clear that he didn’t even have an account with DirecTV and asked that his phone number be removed from cable provider’s call lists.
According to Miller, the calls stopped for a brief period, but the calls continued again not long after his request that they be stopped — through July 2013. As a result, Miller was charged for the numerous incoming calls and texts that he has to pay to the cellphone company that provides his service.
Miller says that he never gave his cell phone information to DirecTV, he doesn’t know how the cable company acquired it, and did not therefore consent to receiving calls from DirecTV, according to the class action lawsuit.
Miller is proposing this that this TCPA lawsuit be given class action status. Class Members could get a total of $2,000 each — $500 for negligent violations and $1,500 for willful violations of the TCPA by DirecTV.
“The TCPA was designed to prevent calls and messages like the ones described within this complaint, and to protect the privacy of citizens,” the DirecTV class action lawsuit states.
In the TCPA, Congress banned “automated or prerecorded telephone calls to the home, except when the receiving party consents to receiving the call or when such calls are necessary in an emergency situation … is the only effective means of protecting telephone consumers from this nuisance and privacy invasion.”
In 2010, a lawsuit filed by the Attorney General’s Office in Washington State was settled with DirecTV, resolving claims that the company charged hidden fees that were considered deceptive business practices.
DirecTV was also cited by the Federal Trade Commission for allegedly employing illegal telemarketing tactics and was forced to pay the federal agency $5.3 million.
Miller’s DirecTV TCPA Class Action Lawsuit is Tara Miller v. DirecTV LLC, Case no. 13-CV-2073-L, in the U.S. District Court for the Southern District of California.
If you or someone you know receives unsolicited faxes, phone calls or text messages, legal options are available. Learn more and get a free legal consultation regarding a claim’s eligibility at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. Experienced legal professionals are available to determine if you have case, so act now.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
4 thoughts onDirecTV Hit with Robocall Class Action Lawsuit
I hear from direct on a regular basis since i cancelled their service. These robo calls are full of come back offers even though they jave been told not to call.
I know for a fact it’s Direct TV behind the robo calls, or they’ve sold my cell phone number. Day after I cancelled service, a service I cancelled before installation because of hidden charges, I received phone calls.
i would like to know more when available.
Please keep me informed. I use to receive tell calls from DirecTV and now I have been receiving calls from Performance Maintence & some type of Car warranty company. & we do not have either nor have we requested either to call us.