Paychex class action claims company makes ‘aggressive’ unsolicited telemarketing calls

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Paychex telemarketing class action lawsuit overview: 

• Who: Daniel Burton filed a class action lawsuit against Paychex Inc. 
• Why: Burton claims Paychex violated the Telephone Consumer Protection Act by allegedly sending telemarketing calls to consumers who had asked the company to stop contacting them. 
• Where: The class action lawsuit was filed in New York federal court.

Financial technology company Paychex Inc. violates the law by allegedly placing telemarketing calls to consumers who have attempted to opt out of receiving them, a new class action lawsuit alleges. 

Plaintiff Daniel Burton claims Paychex makes, or has made on its behalf, “aggressive unsolicited telemarketing calls” to consumers even after they have requested the company stop contacting them. 

Burton argues Paychex is in violation of the Telephone Consumer Protection Act (TCPA) by allegedly placing telemarketing calls “after the called party requests that Paychex cease calling.” 

“The TCPA prohibits making telemarketing calls to a person who, like Mr. Burton, has previously asked not to receive such calls and makes sellers like Paychex liable for calls in violation of the TCPA’s internal do-not-call rules,” the Paychex class action states. 

Burton wants to represent a nationwide class of consumers who have received more than one telemarketing call from or on behalf of Paychex within any 12 month period during the last four years after the called party asked not to be called. 

Paychex violated consumers’ privacy with telemarketing calls after requests for them to cease, class action says

Burton argues Paychex violated consumers’ privacy by allegedly continuing to contact them with telemarketing calls after they had attempted to opt out, in addition to representing an annoyance and a nuisance to them. 

“Defendant’s calls temporarily seized and trespassed upon the use of their phones, and/or they were forced to divert attention away from other activities to address the unwanted telephone calls,” the Paychex class action states. 

Plaintiff is demanding a jury and requesting declaratory and injunctive relief along with an award of statutory and treble damages for himself and all class members. 

Paychex previously made headlines in 2021 after the company agreed to pay $3.4 million to put an end to claims its timeclock devices violated the Illinois Biometric Information Privacy Act (BIPA). 

Has Paychex sent you a telemarketing call after you asked them to stop? Let us know in the comments! 

The plaintiff is represented by Javier L. Merino and Marc E. Dann of The Dann Law Firm PC, and Eric H. Weitz and Max S. Morgan of The Weitz Firm LLC. 

The Paychex telemarketing class action lawsuit is Burton v. Paychex, Inc., Case No. 1:23-cv-00734, in the U.S. District Court for the Western District of New York.

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