Time Warner Hit With Robocall Lawsuit

Time Warner Cable Inc. has been sued in a Telephone Consumer Protection Act lawsuit and faces allegations that it illegally contacted a Texas resident and violated a federal statute.

Plaintiff Stephanie K. filed the TCPA lawsuit last month in Texas federal court, claiming that over the course of the last year, Time Warner called her cell phone using an automatic telephone dialing system (ATDS).

According to her Time Warner TCPA lawsuit: “TWC uses an ‘interactive voice response’ calling system (the ‘IVR’) to make calls to its customers. The IVR is an ATDS under the TCPA in that it creates a list of telephone numbers and then dials from that list without human intervention. When Plaintiff answered calls from TWC, she heard silence followed by an automated click.”

In May of this year, Stephanie spoke with a Time Warner representative and requested that the company cease calling her cell phone number. Despite this call, the company continued to place unsolicited telephone calls to her cell phone.

In her complaint, Stephanie alleges that Time Warner continued to place automated calls to her cell phone despite knowing that she had not consented to the calls.

As such, Stephanie claims that each call was made in knowing and/or willful violation of the TCPA, making Time Warner subject to treble damages.

Under the federal statute, Stephanie is entitled to $500 in damages for each negligent TCPA violation. Additionally, for each willful TCPA violation, Stephanie is entitled to $1,500 in treble damages.

Stephanie’s Time Warner TCPA Lawsuit is Case No. 4:15-cv-00686, in the U.S. District Court for the Northern District of Texas.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a set of laws passed by Congress in 1991 to protect consumers from harassment by telemarketers and solicitors.

The law prohibits businesses from contacting consumers without their prior express consent. The TCPA now includes protection for consumers from text spam (or unwanted text messages).

Fines for violating the TCPA range from $500 to $1,500 per violation. In a TCPA class action lawsuit with many plaintiffs alleging multiple violations, the damages could add up quickly and lead to a huge loss.

If you have received an unsolicited telephone call or unsolicited text message from a company or telemarketer who did not have your express consent to contact you, you may be entitled to compensation.

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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