Time Warner Hit With $5M TCPA Class Action Lawsuit

Cable giant Time Warner Cable Inc. is facing a $5 million putative class action lawsuit over allegations that the company violated the Telephone Consumer Protection Act (TCPA) by making repeated unsolicited robocalls in an effort to “win back” the business of former customers.

Lead plaintiff Raquel Mejia of California is filed the TCPA class action lawsuit against Time Warner after allegedly receiving two unsolicited phone calls per day to her cell phone for months. Mejia claims she always informed Time Warner that she was not interested in its products and requested that the company stop calling her.

The Time Warner Cable TCPA lawsuit states that her reasonable request was denied and Mejia continued to receive the unwanted cell phone calls at a rate she believes “amounted to harassment.”

According to the TCPA class action lawsuit, Time Warner violated the Telephone Consumer Protection Act (TCPA) by making calls without prior express written consent of the plaintiff and by using an automatic telephone dialing system to make the unsolicited phone calls to her cell phone.

Lead plaintiff Mejia claims she and potential class members are entitled to $500 for each and every alleged TCPA violation of Time Warner.

If approved, the TCPA class action lawsuit would be open to all class members in the U.S. who received an unsolicited phone call made by or on behalf of Time Warner to a cell phone through the use of an automatic telephone dialing system, or pre-recorded voice, or any other device having the capacity to dial numbers without human intervention, from October 16, 2013 to the date the class is certified.

Plaintiff Mejia believes that Time Warner made these robocalls to thousands of former customers so potential class members can easily be identified through the defendant’s call records.

The Time Warner Cable TCPA class action lawsuit is Raquel S. Mejia, individually and on behalf of all others similarly situated v. Time Warner Cable Inc., Case No. 15-cv-06445 in U.S. District Court for the Southern District of New York.

Telephone Consumer Protection Act Violations

Customers are often victims of TCPA violations without even realizing that they have rights to protect them. In 1991, Congress enacted the Telephone Consumer Protection Act or TCPA as a way to safeguard customers from telemarketers who use automatic telephone dialing systems to deliver prerecorded messages without prior express consent.

By 2013, the TCPA was revised to define “express consent” as a signed written agreement between the business and customer with the exception of calls from debt collection agencies.

TCPA violations include:

• Calls to homes before 8 a.m. or after 9 p.m. local time
• Unwanted cell phone calls
• Unsolicited text messages or phone calls
• Calls to consumers who specifically ask the company not to call them
• Robocalls with prerecorded messages
• Failing to identify the person or entity on whose behalf the call is being made
• Using an automatic telephone dialing system to place phone calls
• Unsolicited advertising faxes
• Calling consumers placed on the National Do Not Call Registry

Hundreds of TCPA lawsuits have been filed across the nation as more customers understand their rights and choose to hold companies accountable for illegal activity.

Time Warner Cable was ordered to pay more than $229,000 last month after a New York federal judge found the company violated the Telephone Consumer Protection Act by placing 153 robocalls to an individual regarding an overdue bill that belonged to another person.

If you believe you are the victim of a TCPA violation, contact a TCPA lawyer to find out if you have legal claim.

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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