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A Place for Mom, a well-known Seattle-based senior care referral service, has agreed to a $6 million settlement to bring an end to a class action lawsuit that claimed the company had violated the Telephone Consumer Protection Act (TCPA).
The lawsuit was originally filed in August 2017 by plaintiff Andrew K. According to Andrew’s lawsuit, the referral service would regularly place auto dialer telemarketing calls to him and a slew of other people who filled out a form on their website. The form includes small disclaimer text, the complaint noted, but did not adequately warn or inform consumers about the potential for robocall telemarketing calls, nor did it obtain the express written consent from consumers required under the TCPA.
A Place for Mom is the largest senior care referral service in the country. The company maintains that it did not violate the TCPA, but agreed to the settlement in order to bring an end to the litigation. Though the company says it “has never engaged in cold calling or robocalls,” it also noted that in a statement to McKnight’s Senior Living that the agreement “will allow APFM to keep its focus where it belongs, on making the lives of our families and customers better, easier and more successful.”
Also, A Place for Mom’s settlement agreement requires them to implement “certain practice changes that are designed to assure prior express written consent and prevent claims for violations of the TCPA’s provision on dialing cell phones.”
Class members included in the settlement agreement and eligible for compensation include those in the United States who received a non-emergency call using an auto dialer system (also known as a robocall) or artificial or prerecorded voice to their cell phone from A Place for Mom sometime between Aug. 7, 2013 and Aug. 15, 2019.
Class members could number more than 56,000 people, according to court documents that referenced records from A Place for Moms. Each class member should receive at least $25, according to attorneys’ estimates. Lead plaintiffs are set to receive awards exceeding $1,000.
What is the TCPA?
The Telephone Consumer Protection Act (TCPA) was introduced back in 1991 to combat the rise in solicitation using technology. Since it was first introduced, technology has shifted substantially, telemarketers have developed a wide array of methods to target consumers, and the TCPA has expanded to include these new technologies, from robocalls to spam texts.
There are a number of ways to report spam calls and texts, such as signing up for the National Do Not Call Registry or filing a complaint with the Federal Communications Commission (FCC), but determined spam callers may not abide by these restrictions. Filing a TCPA lawsuit may be an effective option for you.
Filing a TCPA Lawsuit
If you are the one of the many consumers in the United States to have been targeted with spam texts or phone calls, you may be able to file a TCPA lawsuit and pursue compensation. Filing a lawsuit can not only help to enforce TCPA regulations and to fight back against the increasing number of spam calls being placed, it can also help you to recover financial compensation. Most importantly, TCPA lawsuits hold those responsible for breaking TCPA rules accountable for their actions.
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.
This article is not legal advice. It is presented
for informational purposes only.
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4 thoughts onA Place for Mom to Settle Auto Dialer Class Action for $6 Million
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Add me please i have several calls
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I have 200 calls listed on my tv I blocked and tons on my cell phone I did put my numbers on the do not call list