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(USGovernment-News.Com, May 14, 2015 ) New York, NY -- Robocall Lawsuit News: A trio of companies, including retail giant Walmart, has been hit with robocall lawsuits over alleged violations of the Telephone Consumer protection Act (TCPA). While Walmart is accused of harassing consumers with unsolicited automated cell phone calls, restaurant chain Blimpie is being sued over junk faxes, and American Eagle Outfitters is charged with spamming consumers with unwanted text messages. All three lawsuits seek class action status on behalf of consumers who were allegedly spammed by the defendants.
The TCPA is a federal law that, among other things, prohibits telemarketers from making robocalls via an automatic dialer or prerecorded message without the unambiguous consent of the recipient. Plaintiffs who successfully pursue a TCPA lawsuit can collect $500 in damages for each unwanted robocall. However, in cases where a telemarketer “willfully or knowingly” contacted a consumer after the individual notified the company of their desire to opt out, damages rise to $1,500 per call.
The Walmart robocall lawsuit, which is currently pending in the U.S. District Court for the Northern District of Georgia, was filed by a consumer who says he began getting unsolicited calls on his cell phone last November. According to his complaint, he received 33 Walmart robocalls between November 26th and December 6th for a credit card that wasn’t even his. The calls continued even after he was assured by a Walmart operator that his cell phone number would be removed from the company’s call list.
Blimpie International Inc. and its Arizona-based parent Kahala Corp. stand accused of sending consumers’ junk faxes to advertise lunch specials between February and March 2015. In a complaint filed in the U.S. District Court for the District of New Jersey, M&G Auto Parts Inc. alleges that it received nine unsolicited faxes from Blimpie, during which time its fax machine may have been unable to process actual business communications. M&G Auto Parts claims that Blimpie’s junk faxes caused it to incur costs related to use of the fax machine and of ink toner and paper.
The lead plaintiff in the robocall lawsuit filed against American Eagle alleges that the clothing retailer sends unsolicited text messages advertising sales, promotions, coupons and new merchandise to consumer cell phones without consent. Specifically, at least five such messages were sent to his cell phone between December 12th and January 16th to promote a future sale of Aerie lingerie. The plaintiff claims that he and other recipients were caused aggravation and had to pay for the texts through their respective wireless carriers.
Stop Harassing Robocalls
No one should be bothered by unwanted telemarketing robocalls. If you’ve received automated calls to your cell phone, junk faxes, or text spam, and you know who’s responsible, the TCPA can help you stop the harassment. To learn more about filing your own TCPA robocall lawsuit, please contact Alonso Krangle LLP at t 1-800-403-6191.
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