Charter Wants Unwanted Calls Class Action Lawsuit Dialed Out

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Charter Communications says a Telephone Consumer Protection Act class action lawsuit should be ditched because there is no proof of the plaintiffs’ claims.

Lead plaintiffs, Diana Mey and Philip Charvat, allege in the Charter TCPA class action lawsuit that despite adding their names and numbers to the Do-Not-Call Registry, they still received calls from the company.

However, the telecom giant is fighting the Charter TCPA class action lawsuit, arguing that Mey has failed to show evidence that she actually received calls from the company.

“Charter also has no record showing it made either of the two alleged calls on which Ms. Mey premises her claims,” states the company’s motion to dismiss the Charter class action lawsuit. “Ms. Mey cannot meet her burden of establishing a prima facie case for the exercise of personal jurisdiction, much less by a preponderance of the evidence, as she must to avoid dismissal.”

Mey alleged in the Charter TCPA class action lawsuit that she received two autodialed calls from the company in June of this year. She says that one the calls was advertising the services of Charter’s brand name, Spectrum.

The other call, according to the Charter class action lawsuit, was from “Cablebundlez” – a company Mey alleges is owned by Spectrum.

For its part, Charter says in its motion to dismiss the class action lawsuit that it does not own Cablebundlez and has sent the owner of the website a cease and desist representing itself as a Charter affiliate.

Charter further argues that the second plaintiff, Charvat, should not be allowed to bring his claims in West Virginia federal court.

The telecom giant argues that the alleged calls to Charvat were received in Ohio, and that the company only has a “nominal West Virginia footprint.”

The TCPA is a law that was passed by Congress to help fight the onslaught of telemarketing calls faced by American consumers.

Under the law, companies are prohibited from contacting consumers with marketing messages without their consent.

Further, the law also restricts the use of automated dialing systems and prerecorded messages, often called robocalls.

The law also structured the Do-Not-Call Registry, a resource for consumers who do not wished to be contacted by advertisers.

The TCPA carries steep fines of up to $1,500 per violation.

In her class action lawsuit, Mey is seeking to claim not just the two calls that she alleges Charter made in violation of the TCPA, but also on behalf of all other consumers who received telemarketing calls from the company.

Mey and the proposed Class are represented by John W. Barrett and Ryan Donovan of Bailey & Glasser LLP and Edward A. Broderick and Anthony Paronich of Broderick & Paronich PC.

The Charter Communications Telephone Calls Class Action Lawsuit is Diana Mey, et al. v. Charter Communications Inc., et al., Case No. 5:18­-cv-­123­JPB, in the U.S. District Court for the Northern District of West Virginia.

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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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