Dun & Bradstreet Hit with Robocall Class Action Lawsuit

Dun & Bradstreet, a global leader of commercial information and insight on businesses, is the defendant in a robocall class action lawsuit filed by a California woman who accuses the company of willfully violating the Telephone Consumer Protection Act (TCPA) by repeatedly calling her and other Class Members’ cell phones using an automated robodialer.

On behalf of herself and the tens of thousands of members of the proposed Class, Holly Freyja of Ojai, Calif. is seeking damages and an injunction to stop Dun & Bradstreet from wireless telemarketing and spam activities and an award of statutory damages to the Class Members, along with costs and reasonable attorneys’ fees, according to her robocall class action lawsuit.

D&B – which provides credit reports, marketing lists and data services to businesses – called Freyja, a small business owner, at least four times on her cell phone in July. Freyja had never given consent for D&B to contact her, the TCPA class action lawsuit alleges.

On July 7, at 12:04 p.m., Freyja received a call on her cell phone, according to her robocall lawsuit. She was unable to answer the phone, but D&B left a voicemail saying they needed to speak with her “about important matters related to her business.”

Concerned, she immediately called back and heard a recorded message, so she hung up.

At 1:55 p.m., D&B called again, and left the same voicemail as it had earlier. D&B called two more times that day, according to the robocall class action lawsuit.

As a small business owner, Freyja “was alarmed by the notion that something was adversely affecting her business.” She did some internet research and learned that “large numbers” of consumers received the same calls from Dun & Bradstreet.

The calls “were nothing more than a ploy to market business solutions to business owners,” according to Freyja, whose robocall class action lawsuit characterizes the unsolicited calls as “unwanted, disruptive and disconcerting.” They were also an invasion of Freyja’s privacy, she alleges.

The TCPA limits telephone solicitations – telemarketing — by restricting the use of automatic dialing systems, artificial or prerecorded voice messages, text messages, and fax machines. It also specifies several technical requirements for fax machines, auto dialers, and voice messaging systems—principally with provisions requiring identification and contact information of the entity using the device to be contained in the message.”

Under the TCPA, business are given specific rules by which they may contact potential customers:

• They are prohibited from calling residences before 8 a.m. or after 9 p.m., local time.
• The solicitors are required to provide their name, company and a telephone number or address to contact the company.
• They cannot solicit residences by using an artificial voice or a recording.
• They cannot call or text using an automated telephone equipment (robocall) or an artificial or prerecorded voice to a wireless device or cell phone.
• Robocalls are also prohibited to be made to emergency lines, hospital emergency numbers, a doctor’s office, a hospital/health care facility, an elderly room, a cell phone, or any service for which the recipient is charged for the call.
• They are prohibited from making autodialed calls that engage two or more lines of a multi-line business.
• And they may not send unsolicited advertising faxes.

Freyja maintans that she never had a business relationship with Dun & Bradstreet and was not interested in its offer offer.