Comcast Wrong Number Lawsuit Strikes Back at Incessant Phone Calls

A man from Washington filed a Comcast wrong number lawsuit against the telecommunications giant, alleging the company has been calling him about without his permission for about a year, in violation of the Telephone Consumer Protection Act.

The plaintiff, Douglas L., alleges that Comcast began calling his cell phone regularly in January 2018—calling about a Comcast account that’s not his. The calls allegedly use an autodialing system and an artificial or prerecorded voice, the lawsuit notes.

In fact, according to the lawsuit, Douglas has not actually been a customer with Comcast since 2013. When he began receiving these calls about someone else’s account, he informed the company they had the wrong number and asked them to stop calling him, revoking any prior express consent he may have given. However, when he filed the lawsuit at the beginning of this year, Comcast was allegedly continuing to make these calls without his consent.

According to the lawsuit, Comcast has called Douglas’s cell phone about someone else’s account at least 143 individual times, as well as left 55 voicemails.

Douglas’s lawsuit alleges that these calls were placed in violation of the Telephone Consumer Protection Act (TCPA), which helps regulate telemarketing communications.

Douglas filed his Comcast wrong number lawsuit on Jan. 4, 2019, on behalf of himself, as well as anyone else in a similar situation. The lawsuit included two claims: negligent violation of the TCPA and knowing or willful violation of the TCPA.

His proposed Class would include anyone else in the United States who received a non-emergency call from Comcast on their cell phone using an autodialer and/or an artificial or prerecorded voice and was not a Comcast customer at the time of the call.

Basics of the TCPA

The Telephone Consumer Protection Act (TCPA) was introduced back in 1991 as a set of regulations meant to protect consumers from unwanted technology-based solicitation. Since 1991, technology has changed dramatically, allowing telemarketers even more ways to contact consumers, and the TCPA has shifted in response to fill these gaps. Now, the TCPA covers a variety of technologies including robocalls, prerecorded messages, texts, and more.

The TCPA is best enforced when consumers report violations. Reporting violations of the TCPA can also provide consumers with an award per violation. TCPA awards can include statutory damages of $500 to $1,500 per violation.

Filing a TCPA Lawsuit

Robocalls and spam texts are growing increasingly common
—in each month of 2017, the Federal Trade Commission (FTC) has reported receiving over 375,000 complaints over these unwanted communications.

If you have been hit with unwanted robocalls or other violations of the TCPA, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The Comcast Wrong Number Lawsuit is Case No. 3:19-cv-05007, in the U.S. District Court for the Western District of Washington.

Join a Free Comcast Unwanted Cell Phone Calls Lawsuit Investigation

If you received an unwanted cell phone call from Comcast, you may qualify to join a Comcast unwanted cell phone call class action investigation.

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