TCPA Lawsuit Filed Over Unwanted Allied Interstate Phone Calls

A man from California has allegedly received numerous unwanted Allied Interstate phone calls, which eventually led him to file legal action against the company.

He claims the Allied Interstate phone calls were made with the intention to collect an alleged consumer debt against the plaintiff, even though he did not give the company prior consent to be contacted.

Plaintiff Richard W. says he received Allied Interstate phone calls to his cellphone beginning in November 2017, and had received upwards of a dozen calls over a short time period.

These unwanted Allied Interstate phone calls were allegedly made with an automated dialing system, which is only legal if the consumer agreed to receive the calls. According to the lawsuit, the sheer number of Allied Interstate phone calls made to Richard’s phone was only possible using an automated dialing system.

Automated dialing systems are used to generate and call random phone numbers. Similar machines can also be used to send spam text messages, which also requires consent from consumers before contact is initiated.

Richard claims that even though Allied did not have prior consent from him, they still continued to call him over an alleged consumer debt. The lawsuit contends that this type of calling is a violation of the Telephone Consumer Protection Act (TCPA), which was enacted in 1991 to help consumers combat excessive telemarketing calls.

Overview of TCPA Policy

The TCPA sets out a strict set of rules and regulations for telemarketers to follow when contacting consumers, emphasizing prior express consent and calling within reasonable business hours.

Under the TCPA, businesses are prohibited from calling consumers outside of the hours between 8 a.m. and 9 p.m. and they cannot use an automated dialing system without prior consent. On the same note, companies must not use an artificial voice to answer phone calls or leave messages unless the consumer had given prior consent.

In addition, the TCPA also requires companies to give customers an opt out option when sending text messages and must respect consumers’ request to be added to their do not call registry and honor this request for five years.

Companies that fail to adhere to TCPA policy could have to pay damages between $500 to $1,500 per violation if the plaintiff can show the violations were made knowingly or willfully.

Consumers who receive unwanted phone calls from companies may be eligible to file legal action against the company. Potential claimants should collect the following information in preparation for a potential TCPA claim:

• Do not delete the caller ID
• Save all voice messages and text messages
• Log all relevant calls and text messages received, including date and time of the call, the caller’s identity, and summary of the message
• Keep a copy of written requests revoking consent to receive calls or texts

At all times relevant, Richard says he had never given prior consent to receive Allied Interstate phone calls and has exhausted all administrative remedies. This has led Richard to file legal action and is seeking damages for every unwanted Allied Interstate phone call.

The TCPA Lawsuit is Case No. 2:18-cv-08508-CJC-MAA, in the U.S. District Court of Central California.

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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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