Grand Celebration Cruises Class Action Alleges Illegal Telemarketing

A class action lawsuit filed on March 29 against Grand Celebration Cruises LLC alleges the company repeatedly violates the Telephone Consumer Protection Act (TCPA).

The complaint claims that agents for Grant Celebration Cruises call consumers on their cell phones using an automatic telephone dialing system (ATDS) without their permission.

According to the class action, “The TCPA was designed to prevent calls and messages like the one described within this complaint, and to protect the privacy of citizens like Plaintiff.”

In particular, the TCPA prohibits marketers from using ATDS or recorded scripts in calls to consumers’ cellular phones, without their express permission. As one court explained, “An automated call to a landline phone can be an annoyance; an automated call to a cell phone adds expense to annoyance.”

Plaintiff Roxanne Gonzalez asserts that on March 23, 2017, she received a call on her cell phone through a ATDS which used an “artificial or prerecorded voice.” Gonzalez answered the call, and heard the voice of a girl who asked her three questions to “prequalify” her for a potential free cruise.

Gonzalez states that the voice sounded like a real person, but “[d]uring the conversation it became clear to Plaintiff that she was speaking to a machine.” She was then transferred to a real person, who said his name was Jacob and that he was working on behalf of Grand Celebration Cruises. Gonzalez claims that she received a second call from Grand Celebration Cruises again that same day, about an hour later.

The plaintiff says that she never authorized Grand Celebration Cruises to contact her in this way. The complaint contends that this was a clear violation of the TCPA.

The telemarketing lawsuit requests certification of a Class of all persons in the U.S., “who received at least one telephone call using an ATDS and/or an artificial or prerecorded voice” on their cell phone for the purpose of marketing on behalf of Grand Celebration Cruises to non-customers within the past four years.

The class action seeks damages for putative Class Members, including statutory damages of up to $1,500 for each willful violation of the TCPA. The plaintiff also seeks an injunction against Grand Celebration Cruises prohibiting such telemarketing in the future.

Gonzalez is represented by Joshua Swigart and Kevin Lemieux of Hyde & Swigart, and Abbas Kazerounian of Kazerouni Law Group APC.

The Grand Celebration Cruises Telemarketing Class Action Lawsuit is Roxanne Gonzalez v. Grand Celebration Cruises LLC, Case No. 3:17-cv-00644, in the U.S. District Court for the Southern District of California.

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Under the TCPA, businesses cannot use automated dialing systems to make phone calls or send text messages without the express consent of the consumer. Consumers who have received text message spam may be able to bring a TCPA lawsuit against the company.

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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