T-Mobile Class Action Alleges Man Received 50 Robocalls Chasing Stranger’s Debt

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

T-Mobile TCPA Class Action Overview:

• Who: A man is suing T-Mobile after he received 50 debt collection robocalls chasing another person’s unpaid bill.
• Why: The plaintiff says T-Mobile violated the Telephone Consumer Protection Act with the unwanted calls.
• Where: The lawsuit was filed in a Florida federal court.

A Florida man received 50 unwanted calls from T-Mobile and its affiliates chasing down a stranger’s unpaid debt, a new class action lawsuit alleges.

Plaintiff Brad M. Smith filed the class action against T-Mobile and 10 unknown callers on March 31 in a Florida federal court, alleging violations of the Telephone Consumer Protection Act (TCPA).

According to the lawsuit, T-Mobile started sending unwanted robocalls to Smith’s personal cell phone in February. The calls were directed to a person unknown to Smith named Kimberly Hemmerly and were intended to collect a supposed debt that she owed.

Smith says when the first unwanted call came in on Feb. 24 this year, he heard a prerecorded voice stating that the call was for a Kimberley Hemmerly. 

Smith pressed 0 to speak to a representative and told a T-Mobile rep that the company had called the wrong number, asking the representative to make sure the company does not call him again.

However, T-Mobile kept calling him repeatedly even though he made multiple calls to T-Mobile saying they had the wrong number. 

“​​Despite Plaintiff’s request that Defendant cease its misguided calls, Defendant continued to pound Plaintiff with calls that utilized an artificial or prerecorded voice in an effort to contact ‘Kimberly Hemmerly,’” the lawsuit states. “In total, defendant placed no less than 50 misguided robocalls to plaintiff’s cellular phone number.” 

T-Mobile Plaintiff Seeks Damages of Up to $1,500 Per Call

Smith is suing under the TCPA, alleging the robocalls invaded his privacy and wasted his time. He’s looking to represent anyone living in the U.S. to whom T-Mobile or another party acting on its behalf placed a cell phone call in the past four years using an artificial or prerecorded voice in an attempt to contact a third party. He’s seeking $500 in damages for each TCPA violation plus an award of treble damages of up to $1,500 for knowing or willful violations.

The TCPA is a federal law that protects individuals from harassing and unwanted phone calls. This law restricts the use of certain kinds of automated equipment to place robocalls to people who haven’t consented to being contacted that way.

Meanwhile, in December last year, the Judicial Panel on Multidistrict Litigation agreed to let T-Mobile consolidate in the Western District of Missouri dozens of class action lawsuits lobbied against the company over an August data breach that exposed the data of millions of its customers. 

If you received cell phone calls meant for someone else, you may qualify to participate in a wrong number class action lawsuit investigation, and you may be entitled to compensation under the TCPA. Click here for more information (links to paid attorney content).

Smith is represented by Alexander J. Taylor of National Litigation Law Group LLP.

The T-Mobile TCPA Class Action Lawsuit is Smith v. T-Mobile USA Inc. et al., Case No. 8:22-cv-00748, in the U.S. District Court for the Middle District of Florida.

Read About More Class Action Lawsuits & Class Action Settlements:

• Buccaneers’ $19.5M TCPA Class Action Settlement Gets Approved
• Trugreen Class Action Claims Company Violates TCPA By Using Prerecorded Robocalls
• FCC Chair Wants to Make ‘Annoying’ Ringless Voicemails Illegal Under TCPA
• $14M HelloFresh TCPA Class Action Settlement Gets Final Approval From Judge