A Place For Mom TCPA Lawsuit May Result in $6M Settlement

A recent TCPA lawsuit has resulted in a proposed $6 million settlement agreement between senior housing referral A Place For Mom Inc. and thousands of class action plaintiffs who say they received unwanted telemarketing calls.

A Place For Mom TCPA Lawsuit

According to McKnight’s Senior Living, the class action lawsuit against A Place For Mom was filed in August 2017 and is expected to include at least 56,000 plaintiffs. This TCPA lawsuit covers a class of people who received at least one allegedly illegal call from A Place For Mom between Aug. 7, 2013 and Aug. 15, 2019.

According to named plaintiff Kevin P., A Place For Mom has harassed thousands of consumers with automated telephone calls that violate the terms of the Telephone Consumer Protection Act, or TCPA. Kevin claims that A Place For Mom made calls to consumers to advertise senior housing communities and senior care providers affiliated with the company.

Although some of the consumers who were contacted may have submitted their contact information through A Place For Mom’s website, according to the lawsuit this website does not adequately confirm that these consumers have given their consent to be called.

Kevin claims that the small disclosure included on the site informing consumers that they may be contacted by the company does not appropriately fulfill the TCPA’s requirement for obtaining consent before autodialing consumers.

A Place For Mom attempted to dismiss the case by arguing that the automated calls placed to consumers were not advertisements and were simply meant to convey information regarding senior housing and senior care providers. This argument was rejected by the judge.

Kevin asked the judge in the case to approve the settlement deal, which includes a payment of $6 million from A Place For Mom, as well as an agreement from the company to change its business practices to ensure that they comply with the TCPA.

These proposed changes include altering the way the company obtains user consent on its websites and assuring that prior express consent is given by consumers before they are contacted by the company. Under the terms of the proposed settlement agreement, plaintiffs will be able to choose between receiving a cash award of around $25, or donating the funds to the Fisher Center for Alzheimer’s Research Foundation.

Telephone Consumer Protection Act Violations

The Telephone Consumer Protection Act was established to protect consumers from being contacted and harassed by telemarketers and advertisers without their explicit prior consent. Companies who violate the terms of the TCPA may be subject to fines of between $500 and $1,500 per violation.

Victims who have been contacted by companies via automated text messages or autodialed phone calls without giving their prior consent may be eligible to hire an attorney to represent them in a class action lawsuit. Victims who file class action lawsuits regarding TCPA violations may be able to collect damages of between $500 to $1,500 for each unsolicited phone call or text message.

Kevin’s TCPA Lawsuit is Case No: 2:17-cv-01826, filed in the U.S. District Court for the Western District of Washington.

UPDATE: June 2020, A Place For Mom TCPA class action settlement is now open. Click here to file a claim.

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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This article is not legal advice. It is presented
for informational purposes only.