Plaintiffs John S. and Lala S. have filed a class action lawsuit against defendant Allied Interstate LLC for alleged violations of the TCPA, also known as the Telephone Consumer Protection Act.
According to the TCPA class action lawsuit, the plaintiffs, residents of California, file this lawsuit on behalf of a Class of persons who had received similar unconsented calls in violation of the TCPA.
The TCPA was specifically enacted, according to the Federal Communications Commission, or FCC, to stop the unwanted calls, texts, and faxes.
The FCC maintains that “your written or oral consent is required for ALL autodialed or prerecorded calls or texts made to your wireless number. Telemarketers have never been permitted to make robocalls to your wireless phone based solely on an ‘established business relationship’ with you.”
The TCPA class action lawsuit says the plaintiffs are seeking up to $1,500 in damages for each alleged violation of the TCPA.
According to the TCPA class action lawsuit, since approximately August 2016, the defendant, Allied Interstate, contacted the plaintiffs on their cell phones multiple times in an attempt to collect debt. The plaintiffs maintain that Allied had called “at least three times” over a short amount of time in attempt to collect on these alleged debts.
The lawsuit contends that the defendant used an ATDS, or “automatic telephone dialing system to place its frequent and incessant collection calls to plaintiffs.”
These calls were not placed for emergency purposes, according to the TCPA class action lawsuit. And allegedly, the calls made were charged to the plaintiff’s cell phone bill, for which he was charged for incoming calls.
The TCPA class action lawsuit continues to contend that the defendant also did not possess “prior express consent” from the plaintiff in order to use the automatic telephone dialing system or an artificial or prerecorded voice to send out these calls to their cellphones.
The TCPA class action lawsuit asserts that the “defendant placed multiple collection calls to plaintiffs on the cellular telephones,” and that those calls were made around August 2016.
The plaintiffs bring this alleged class action lawsuit on behalf of themselves and other individuals similarly situated. Lala and John propose to represent “all persons within the United States who received any collection telephone calls from defendant to said person’s cellular telephone made through the use of any automatic telephone dialing system or an artificial or prerecorded voice and such person had not previously consented to receiving such calls within the four years prior to the filing of this complaint.”
The lawsuit raises the following causes of action: 1) Negligent Violations of the Telephone Consumer Protection Act, and 2) Knowing and/or Willful Violations of the Telephone Consumer Protection Act.
The TCPA Class Action Lawsuit is Case No. 2:17-cv-05936, in the U.S. District Court for the Central District of California.
Join a Free TCPA Class Action Lawsuit Investigation
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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