Companies face recent class action lawsuits over unsolicited texts, calls

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Unsolicited texts, calls class action lawsuits overview: 

• Who: Consumers recently filed several class action lawsuits against companies, including Marriott Vacations, Oral-B and Hallmark, claiming they sent unsolicited telemarketing text messages. 
• Why: Consumers argue the unsolicited texts violate the Telephone Consumer Protection Act, and in the case of Hallmark and Marriott Vacations, were sent to consumers with numbers listed on the National Do Not Call Registry. 
• Where: The class action lawsuits were filed in Florida, Texas and Connecticut federal courts. 

Consumers filed several class action lawsuits recently against companies accused of unlawfully sending unsolicited telemarketing calls and texts to consumers, including those with numbers listed on the National Do Not Call Registry. 

Consumers behind the class action lawsuits claim the companies violate the Telephone Consumer Protection Act (TCPA), invading their privacy and acting as a nuisance, among other things. 

Marriott Vacations accused of repeatedly contacting consumers without consent

Earlier this month, a consumer hit Marriott Vacations with a class action lawsuit, arguing the company violated consumers’ privacy by repeatedly contacting them with unsolicited telemarketing calls. 

The consumer behind the class action lawsuit claims Marriott sends unsolicited telemarketing calls to individuals who did not consent to receiving them and who have their numbers listed on the National Do Not Call Registry.

Marriott is accused of violating the TCPA and causing “aggravation, nuisance and invasion of privacy” for consumers. 

“In Defendant’s overzealous attempt to market their services, it placed phone calls to consumers who never provided consent to call and to consumers having no relationship with Defendant,” the Marriott Vacations class action states. 

Oral-B sent unlawful, unsolicited promotional text messages, class action says

Meanwhile, a consumer hit Oral-B with a class action lawsuit last month, arguing the company violates state and federal law by allegedly sending unsolicited promotional text messages to consumers. 

The consumer behind the class action lawsuit argues they never consented to receiving the promotional messages from Oral-B, which she claims violate the TCPA and the Florida Telephone Solicitation Act.

The consumer accuses Oral-B of causing harm to consumers, including through alleged “violations of their statutory rights, statutory damages, annoyance, nuisance and invasion of their privacy.” 

Hallmark accused of ignoring opt-out requests for telemarketing text messages

Also last month, an individual filed a class action lawsuit against Hallmark for allegedly repeatedly sending telemarketing text messages to consumers who have attempted to opt out of receiving them.  

The consumer behind the class action lawsuit argues Hallmark sent the unsolicited texts to individuals who have their numbers listed on the National Do Not Call Registry and continue to send the messages even after people attempt to opt out.

“Plaintiff has repeatedly asked Hallmark to ‘Stop’ messaging him; however, Hallmark ignored the requests and proceeded to place repeated additional telemarketing text messages to Plaintiff,” the Hallmark class action states. 

The consumer also accuses Hallmark of invading the plaintiff’s privacy and using their telephone data, phone storage and battery life. 

‘Wolf of Wall Street’ author asks judge to dismiss TCPA claims 

Jordan R. Belfort, author of “The Wolf of Wall Street,” asked a federal judge in Florida to dismiss a class action lawsuit accusing his company, Global Motivation Inc., of breaking the law by allegedly sending unsolicited text messages to consumers without their consent. 

Belfort argues the consumer behind the class action lawsuit failed to show Global Motivation sufficiently harmed him with the unsolicited texts. 

The consumer, meanwhile, argues Global Motivation and Belfort violated the TCPA by allegedly sending the telemarketing messages without abiding by “the requisite policies and procedures and training” required by law. 

The consumer also accuses Belfort of having a “direct, personal participation” in sending the allegedly unlawful text messages. 

“On information and belief, Belfort had direct, personal participation in the transmission of the text messages to Plaintiff and the class members,” the “Wolf of Wall Street” class action states.

Have you received telemarketing messages without your consent? Let us know in the comments. 

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