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Home security and automation company Vivint, Inc. has been hit with a class action lawsuit alleging it violated the Telephone Consumer Protection Act (TCPA) by auto-dialing consumers’ cellphones without their consent.
Illinois resident Christopher Johansen alleges in the Vivint class action lawsuit that the company violated consumers’ privacy rights and the federal TCPA by robo-calling consumers and leaving prerecorded voice messages on their cellphones without their “prior express permission or invitation.” The alleged violations occurred between May 2011 and October 2011.
The TCPA prohibits companies from using an automatic dialing system or artificial or prerecorded voice to contact consumers unless they have provided prior express consent. The TCPA carries a $500 fine per violation.
Johansen is seeking to represent a proposed class of all people in the U.S. who were called on a cellphone by an auto-dialing system or prerecorded voice at Vivint’s direction without providing Vivint permission to do so.
The Vivint TCPA class action lawsuit is seeking $500 in statutory damages for each TCPA violation and, if the court finds those violations were committed willfully or knowingly, trebled damages of $1,500 per violation.
The Vivint TCPA Class Action Lawsuit case is Christopher Johansen v. Vivint, Inc., Case No. 2012-CH-30597, Circuit Court of Cook County, Illinois, Chancery Division. The Plaintiff and proposed Class are represented by Brian J. Wanca of Anderson + Wanca and Max G. Margulis of Margulis Law Group.
UPDATE: Both parties agreed to terminate this class action lawsuit on July 7, 2014. Court documents did not indicate why, but it may be because Vivint Inc. has agreed to settle a similar but separate class action lawsuit filed in Florida federal court (Benzion v. Vivint Inc.). Class Members claim up to $500 each from the Vivint TCPA class action settlement. See how to file a claim now.
UPDATE 2: On Sept. 3, 2015, viewers began reporting they were receiving checks in the mail from the Vivint TCPA class action settlement. Congratulations to everyone who filed a claim and got PAID!
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23 thoughts onVivint TCPA Class Action Lawsuit
I received a notice in the mail for Vivint TCPA Settlement and it said to fill out a claim form online go to HomeAlarmTCPASettlement.com. This must be some trick because I keep looking up in all the articles that it shows and none have a claim form to fill out. Where is this mystery form to be found or is it not to be found. One might get angry and just give up and say it’s not worth the trouble. Then who gets the money not claimed?
Get calls all the time from cities & states that I have no connection to. I don’t answer so I don’t know if any of them were from Vivint or not. But please check to see if any of the following numbers are in your database of those that were called.
404-521-8069
678-596-4063
404-792-9470
I await your response.
Thanks,
Jewell
I REMMEBER GETTIN CALLS ALL THOUGTH THE NIGTH AFTER AND I WORK AT 5 IN THE MORIN. IWAS SO ANGER
Yes, I have been getting content phone calls and e-mail from Vivint alarm system. the installment was not put in correctly. the installers left tanged wire in the box. we changed the batteries in our system, but the phone calls continued including e-mails. I never had a problem with an alarm system until we had this one installed. I asked for someone to come and check the system. someone came , the installer said it was installed wrong. this makes me wonder if my home is properly secured. Also I was told to have someone come out to show you how too use the system, there was a fee. I don’t understand we pay dearly each month. I am not satisfied. Looking for the claim form online.
I got one of many calls and on one of them I was told that someone had bought me a free system-then he told me I had to pay so much each month—–ok if it was bought for me then why did I have to pay each month?????????
i am having trouble concelling contract after contract is up they keep calling and telling me that it is still an on going account after i call them and sent an e mail at their request.
yes I received a lot of calls, even had one to come by and offered to install it free if he could put signs in the yard,but I refused, couldn’t afford it.the telephone calls were non- stopfor about three months day and night, I have not been able to find yu claim form. thanks
I just recieved a settlement letter for this claim i do remember vividly getting hundreds of calls feom this place of all hours of the night at that finally i told them if they didnt stop calling that i was going to sue them for harrassment i was pregnant when the calls started it didnt matter what time of the day it was so yes i think all these people who have been bugged an scandaled with this should get a settlement its very annoying to gwt calls from a company like this hundreds of tines an even when you say your not interested.they still proceed to call an big you about it even if its not a real person on the other end people are entitled to there privacy and dont deserve to be interupted all the time i might go ahead an go through with this
My complaint is against the Company Vivint security systems. Jeff the sales rep approached me on the premise that my neighbors across the street just got his security system and he would like to give me a free install. I was approached on 5/13/13 with this proposition of a free installation and trial period of this system.
Jeff said several times during his pitch that I could try out his system and if after a couple of months I did not want to keep it I could cancel at any time. Jeff also said his system could be installed within a half and hour…(it actually took them about 2 and 1/2 hours to install.) When I asked Jeff about the 60 month (5yrs) I wanted to know what it meant he said it was a guarantee that my price would never change for that period of time. I asked can I still can cancel if I don’t want to keep this system and he said yes.
On 7/6/2013 I found out that Jeff had lied to me and misrepresented the 60 months mentioned on this contract. Because I called to cancel because my financial situation will not allow continuation of this service. The head person in the Financial department told me that I was locked into this for 5 years and the only thing he would do for me is give me a one time thing of one free month and half of the next month off so I asked for that but it is as good as nothing! It did not seem to faze him that his salespeople are liers and misrepresent terms of the contract.
I have been Lied to, Tricked, I am a senior citizen and I can not afford to keep this
system! The company name and address on the contract is 4931 North 300 West Provo, UT 84604 Phone 800-215-5232, Fax 801-377-4116, Email: support@vivint.co
You can get out of a vivint contract. You are not locked in. But you will have to pay the remaining balance on the contract unless you are military and have been PCS’d
I am having trouble with this as well. What is being done because they are telling me I am automatically locked in another year and refuse to let me out of a contract extension that I did not sign for.