Consumers in a Grand Bahama Cruise class action lawsuit over robocalls of “free” cruise offers have received Class certification.
The Grand Bahama Cruise class action lawsuit argued that these robocalls violated requirements of the Telephone Consumer Protection Act.
Thousands of Class Members could be affected by the next steps in this Grand Bahama Cruise class action lawsuit.
The involved consumers allege that these phone calls stretch back to June 2014. So far, the cruise line company has failed to submit a legal defense to the allegations and the court has already entered a default judgment on liability.
The judge presiding over that Grand Bahama Cruise class action lawsuit said that a review of the defendant’s phone records was a primary piece of evidence supporting class action certification.
Further, the judge stated that the plaintiffs had been able to illustrate that an automated telephone dialing system and prerecorded voices were used by the defendants.
There are numerous prohibitions inside the TCPA, an act designed to protect the rights of consumers when it comes to the use of phones and disruptive calls.
Two key aspects of the TCPA have to do with the use of a prerecorded voice or an automated telephone dialing system to reach out to consumers.
The Grand Bahama Cruise class action lawsuit was originally filed in October 2015 by lead plaintiff Scott Kron. He contends that the company contacted him twice through an illegal dialing system.
The first phone call reportedly prompted him to take a survey after he answered the phone to hear a pre-recorded voice on the other end of the line.
The recorded voice told him he would receive a free cruise following the completion of the survey. Another call came later from a company representative informing the plaintiff that he would not get his free cruise until he scheduled and attended a timeshare meeting.
Kron was also allegedly told during that second call that he would be responsible for paying expenses for the cruise.
The Grand Bahama Cruise class action lawsuit says that there was no previous business relationship between the consumer and the defendant and that the plaintiff never consented to receiving these calls.
When the Grand Bahama Cruise class action lawsuit was originally filed, the cruise company never responded. That led to an August 2017 default judgment.
Consumers argued then that Class certification should still be considered based on the thousands of people who likely received calls from the same company.
The Class in the Grand Bahama cruise class action lawsuit seeks treble damages. Under the TCPA, this could translate to $1,500 for each violation that occurred.
The consumers in the Grand Bahama Cruise class action lawsuit are represented by John G. Crabtree of Crabtree & Auslander, Mark Morrison of Morrison and Associates, and Brian M. Torres of Brian M. Torres PA.
The Grand Bahama “Free” Cruise Robocalls Class Action Lawsuit is Scott Kron v. Grand Bahama Cruise Line LLC, Case No. 1:15-cv-23807, in the U.S. District Court for the Southern District of Florida.
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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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