Wal-Mart TCPA Class Action Lawsuit Filed

A TCPA class action lawsuit was filed against Wal-Mart for allegedly violating the Telephone Consumer Protection Act.

Plaintiff David. D. alleges he received numerous unsolicited phone calls from Wal-Mart, which led him to file the TCPA lawsuit on behalf of himself and others in a similar situation.

Allegedly, Wal-Mart made 33 unsolicited phone calls to David between Nov. 26 and Dec. 6, 2014. David alleges these calls were made by an automatic telephone dialing system, which would be a TCPA violation. The automated messages were about a Wal-Mart credit card, which David claims he never had.

David said he attempted to call the company to discuss stopping the calls. However, he was greeted by an electronic voice that asked for his credit card number and Social Security number. As the plaintiff did not have a Wal-Mart credit card, he could not enter his information. He refused to give out his Social Security number.

When he was finally connected to a human being, the operator only “asked Plaintiff for his telephone number” and “did not ask Plaintiff for his name,” according to the TCPA class action lawsuit.

He was informed that he would cease receiving unsolicited calls, but “hours later, however, [Wal-Mart] placed another call to the Plaintiff’s cellular telephone number,” the class action lawsuit alleges.

TCPA Class Action Lawsuit

The proposed class in the TCPA class action lawsuit includes: “All persons and entities throughout the United States (1) to whom Wal-Mart Stores, Inc. placed, or caused to be placed, calls, (2) directed to a number assigned to a cellular telephone service, by (3) using an automatic telephone dialing system or an artificial or prerecorded voice, (4) within the four years preceding the date of this complaint, (5) absent prior express consent—in that the called party was not the intended recipient.”

TCPA Violations

According to the TCPA, companies are not allowed to use an automatic telephone dialing systems in order to contact a customer without prior express consent. If a customer requests that communications stop, the company must stop contacting them.

In this case, Wal-Mart allegedly contacted David without express consent multiple times per day and continued to contact him after David explicitly told a representative that he did not want to receive phone call from Wal-Mart.

The TCPA also protects individuals from unwanted text messages.

Plaintiffs may win compensation for each TCPA violation. This is one of many TCPA class action lawsuits that has been filed against Wal-Mart and other major companies.

This TCPA Class Action Lawsuit is in the U.S. District Court for the Northern District of Georgia, Rome Division.

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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