Repeated Robocalls to her New Phone were TCPA Violations, Woman Says

An Illinois woman says she received repeated calls from Comcast that constitute TCPA violations.

Plaintiff Nekeyia M. filed her class action lawsuit against Comcast Corporation (Comcast) on Feb. 28, 2019. According to Nekeyia, Comcast has knowingly and frequently placed non-emergency autodialed calls to her cell phone without her express consent. She argues these calls were placed in violation of the Telephone Consumer Protection Act, or TCPA.

Nekeyia claims that in approximately September 2018, she changed her phone number. Following the switch to her new number, she claims to have received multiple calls from Comcast on her cell phone, despite not being a Comcast customer.

Nekeyia says she isn’t even a Comcast customer. She says she does not owe Comcast any money, did not give Comcast her cell phone number, and has not given the company express consent to contact her. Despite allegedly having no business relationship with the company, she cites 11 dates in her lawsuit on which she claims Comcast called her cell phone.

Additionally, she claims that at least one time, she answered one of the calls from Comcast and told the representative on the line that they had the wrong number. On another occasion, she says she answered a call and was greeted by an automated prompt system. She attempted to navigate the system in order to reach a live representative and ask not to be further contacted by Comcast, but she was unsuccessful.

Nekeyia’s lawsuit claims that she suffered actual harm as a result of these calls, and that they were intrusions, nuisances, and invasions of privacy, as well as being violations of the TCPA.

About the Telephone Consumer Protection Act

The TCPA was signed into law in 1991 to restrict telemarketers’ ability to contact and harass consumers and protect their privacy. It governs voice calls, SMS texts, and faxes.The TCPA limits the ways that solicitors are allowed to use automatic dialing systems and pre-recorded voice messages to contact consumers. Additionally, it requires companies to honor the National Do Not Call Registry and to maintain their own do-not-call lists of individuals who have asked the company not to call them.

In 2015, the Federal Communications Commission released a TCPA Declaratory Ruling and Order. This ruling clarified and defined the ways that the TCPA is meant to be interpreted. Under this ruling, companies and telemarketers are restricted in many ways, including the following:

• Callers may not use autodialers to call cell phones and leave pre-recorded messages without the express consent of the consumer
• Consumers may revoke their consent to be called or SMS messaged at any time
• Callers must stop calling reassigned phone numbers
• Consumers must be given an option to “opt out” of automatic text messages

Consumers who believe that they have received harassing or invasive calls that violate the TCPA may be eligible to join a TCPA violations lawsuit investigation and pursue compensation for these invasions of privacy.

Nekeyia’s TCPA Lawsuit is Case: 1:19-cv-01470, in the U.S. District Court for the Northern District of Illinois, Eastern 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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