Verizon TCPA Lawsuit Plaintiff Seeks To Certify Class Action

A California woman is filing a Verizon TCPA lawsuit accusing the phone carrier of repeatedly calling her to solicit her to purchase services.

Plaintiff Denise Menichiello asserts that Verizon did not have prior consent to call her and thus violated the Telephone Consumer Protection Act.

She also claims, in her Verizon TCPA lawsuit, that Verizon used an “automated telephone dialing system” to place their calls to her.

In addition, she claims that the calls were not for emergency purposes, but were rather to ask her to purchase services from Verizon.

Menichiello also claims that the calls were placed to her cell phone. Her cellular provider, she claims, charges her for incoming calls.

According to this Verizon TCPA lawsuit, the plaintiff states that her cell phone number has been on the National Do-Not-Call Registry since 2003.

She claims that when Verizon called her, even though her number was on the Do-Not-Call list, they violated the TCPA.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) was signed into law in 1991 by President George H.W. Bush.

This amended the Communications Act of 1934. The law restricts the use of automated phone dialing systems, restricts telephone solicitations, limits the use of artificial or prerecorded messages and SMS messages and governs fax use as well.

In this case, it requires that solicitors honor the National Do-Not-Call Registry.

Plaintiff Requests Class Certification in Verizon TCPA Lawsuit

In this Verizon TCPA lawsuit, Menichiello claims that Verizon failed to establish and execute the proper practices and procedures in the company in order to ensure TCPA violations do not occur.

She is bringing this action individually and on behalf of all others that may fall under either of two classes. The first class falls under the automated telephone dialing system (ATDS) claim.

The ATDS class is defined as: “All persons within the United States who received any solicitation/telemarketing 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 second class is the Do-Not-Call Registry class. It is defined as: “All persons within the United States registered on the National Do-Not-Call Registry for at least 30 days, who had not granted Defendant prior express consent nor had a prior established business relationship, who received more than one call made by or on behalf of Defendant that promoted Defendant’s products or services, within any twelve-month period, within four years prior to the filing of the complaint.”

According to the Verizon TCPA lawsuit, Menichiello claims that she and the members of the classes were harmed by Verizon because they incurred certain cellular charges or reduced telephone time, because they retrieved those phone calls and because their privacy was invaded.

Menichiello brings claims on her own behalf as well as the behalf of the potential class members of negligent violations of the TCPA and knowing or willful violations of the TCPA.

The Verizon TCPA Lawsuit is Denise Menichiello v. Verizon et al., Case No. 8:16-cv-01635 in the California Central District Court.

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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