NRA Class Action Says Telemarketing Campaign Violates Washington Law

A class action lawsuit claims the NRA has been soliciting memberships and contributions through an unlawful telemarketing campaign in violation of Washington law.

Plaintiff Katharyn Kalmbach says the National Rifle Association of America is running this campaign through a collaboration with defendant InfoCision, a large telemarketing services company.

Kalmbach says the NRA, with help from InfoCision, has been placing unsolicited calls using automatic telephone dialing equipment or a prerecorded outgoing message, without getting the called party’s prior express written consent.

Some of the calls were allegedly placed after the called party expressly revoked such consent, Kalmbach says.

She points out that defendant NRA is a private corporation formed under New York law. It’s separate and distinct from the NRA Foundation, which is a 501(c)(3) charitable organization organized under District of Columbia law.

The memberships solicited by this NRA telemarketing campaign come with certain benefits listed on the NRA’s website. Kalmbach argues those benefits make NRA memberships “property, goods, or services” under applicable Washington law.

Kalmbach says she started receiving such calls from the defendants in July 2016. During one such call, she says she attempted to step through the automated menu, searching for a way to opt out of future calls. The plaintiff says she finally had to call the NRA at a separate number to ask that they stop calling.

Kalmbach quotes reports lodged in online forums from other phone customers who describe receiving multiple calls from InfoCision on behalf of the NRA. Some of these consumers say the calls keep coming despite their attempts to make them stop.

These NRA telemarketing calls violate several Washington state consumer protection laws, according to Kalmbach. She is raising claims under the state’s Automatic Dialing and Announcing Device Statute, the Do Not Call Statute, and the Consumer Protection Act. She also brings a common law claim for invasion of privacy.

Kalmbach proposes two separate plaintiff Classes, both representing persons within Washington State.

The Pre-Recorded Call Class would cover persons who within the last four years received a commercial solicitation call from the defendants that used an automatic telephone dialing system or a prerecorded voice.

The Do Not Call Class would cover persons who within the last four years received a sales call from the defendants, then received another call from the defendants within 12 months of telling the defendants that they did not want to be called again.

Kalmbach is asking the court for an injunction that would require the NRA and InfoCision to cease all unsolicited calling activities, including calls made with autodialing equipment. She also seeks an award of damages, disgorgement of related revenues, and reimbursement of attorneys’ fees and court costs.

She is represented by attorneys Kim D. Stephens and Chase C. Alvord of Tousley Brain Stephens PLLC, Steven L. Woodrow and Patrick H. Peluso of Woodrow & Peluso LLC, and Stefan Coleman and Adam T. Savett of Law Offices of Stefan Coleman PA.

The NRA Telemarketing Class Action Lawsuit is Katharyn Kalmbach v. National Rifle Association of America, et al., Case No. 17-2-03381-2 SEA, in the Superior Court for King County, Washington.

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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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