UPS Class Action Lawsuit Says Unwanted Phone Calls Violate TCPA

United Parcel Service of America Inc. is facing a class action lawsuit alleging it violated the Telephone Consumer Protection Act by placing unwanted phone calls to a Nevada woman’s cell phone.

Plaintiff Ana Cervantes of Las Vegas says she entered into a business relationship with UPS in 2012 when she opened an account for her company and listed her personal cell phone number on the account.

According to the UPS class action lawsuit, she closed the UPS account because she never went through with her company.

Cervantes alleges UPS called her personal cell phone many times since 2012 regarding the account, which she alleges was wrongfully referred to collections. She says requested on several occasions that UPS stop calling her cell phone, and that this request effectively revoked her consent to receive phone calls from UPS.

According to the UPS class action lawsuit, the calls were made using an automatic telephone dialing system and used an artificial or prerecorded voice, which is prohibited by the TCPA. An automatic telephone dialing system allows telephone numbers that are stored in a database to be dialed without human intervention.

Cervantes says that when she answered UPS’ calls, there was a silence indicating that an automatic telephone dialing system was in use. According to the UPS TCPA class action lawsuit, the calls were not made for an emergency purpose. Instead, the calls invaded her legally protected interest in privacy, which is protected by the TCPA, Cervantes says.

“The TCPA was designed to prevent calls and messages like the ones described within this complaint, and to protect the privacy of citizens like Plaintiff,” the UPS TCPA class action lawsuit says. Congress reportedly passed the TCPA in response to numerous consumer complaints about companies abusing technology, such as making computerized phone calls to private homes.

Congress sought to provide consumers with a choice about how they could be contacted by creditors and telemarketers. The TCPA prohibits the use of automatic telephone dialing systems and prerecorded or artificial voices to contact consumers who have not provided their prior express consent to receive such calls. Companies that violate the TCPA may be subject to steep statutory penalties.

The UPS TCPA class action lawsuit seeks to represent Cervantes and a Class of all persons in the United States who, within the last four years, received a call on their cell phone from UPS and the call was made through the use of any automatic telephone dialing system or with an artificial or prerecorded voice, and the call was not made for emergency purposes.

Cervantes is seeking statutory damages of $500 for each negligent violation of the TCPA and statutory damages of $1,500 for each knowing and/or willful violation of the TCPA.

Cervantes is represented by Matthew Berry and Adam Klein of Berry & Associates.

The UPS TCPA Class Action Lawsuit is Ana Cervantes v. United Parcel Service of America Inc., Case No. 1:17-cv-02410-CAP, in the U.S. District Court for the Northern District of Georgia, Atlanta Division.

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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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