Windham Professionals Lawsuit Alleges Violations of Telemarketing Law

A man from California has recently filed a Windham Professionals lawsuit alleging that the company violated the Telephone Consumer Protection Act (TCPA). The Windham Professionals lawsuit claims the company violated federal privacy laws by using an automated dialing system without the claimant’s consent and continued to call him.

Plaintiff Tyrone B. filed the Windham Professionals lawsuit on behalf of himself and other consumers, who allegedly received unwanted spam calls from the company that had used an automated dialing system. While the TCPA does not prohibit all automated dialing systems or prerecorded messages, companies must have the consent of the recipients before using the device.

The TCPA was established in 1991 by the federal government, to help consumers combat persistent telemarketers. The TCPA prohibits companies from making unwanted telephone calls to consumers or making these calls at unreasonable times during the day.

The TCPA generally requires companies to get the consent of consumers before sending any automated communications, which applies to faxes, cellphone calls, landlines, and text messages.

Overview of Windham Professionals Lawsuit

Tyrone alleges Windham Professionals did not have this consent, but he continued to receive the unwanted robocalls. According to the Windham Professionals lawsuit, the company had made this unwanted calls to his cell phone in April and May 2018.

Whenever Tyrone answered these calls, he reportedly heard static, which may be an indication of an automated dialing system. According to the Windham Professionals lawsuit, not only did Tyrone not give his consent to receive these cell phone calls, he had never had any prior contact with the company to begin with.

Tyrone reportedly did not provide the company his cellphone number, nor did he give them permission to contact him through other communication channels. The Windham Professionals lawsuit states Tyrone had demanded that the company stop calling him at some point.

In addition to prohibiting unwanted phone calls, the TCPA also requires companies to add consumers to their do-not-call registry and respect it for next five years. Tyrone opted to file this Windham Professionals lawsuit after exhausting all other administrative options and sought class-action status after discovering other consumers allegedly had similar experiences.

Tyrone ultimately alleges that Windham Professionals had violated his privacy, and caused him mental anguish with the unwanted phone calls. Tyrone is seeking damages for all TCPA violations, which can be up to $1,500 per unwanted call if willful intent can be proven.

Willful intent is when the company violates a law while being aware that its conduct is in violation. These violations can quickly add up for any company.

Consumers who are considering filing a TCPA lawsuit should document all calls and other communications with the company in question. This includes keeping track of important pieces of information including:

• Date and Time of Call (or other communication)
• If an Artificial Voice or Pre-recorded Message Answered
• Whether or not Prior Consent for Contact was Given (or revoked) at any point
  Summary of Call

With these pieces of evidence, the litigation process may be easier for the claimants filing a TCPA lawsuit.

This Windham Professionals lawsuit is Case No. 2:18-cv-01736-WBS-EFB, in the U.S. District Court of Eastern California.

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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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