MacPro Inc. has been hit with a class action lawsuit, alleging that the company made phone calls to her cellphone, in violation of the Telephone Consumer Protection Act (TCPA).
Lead plaintiff Lynne Holley says that starting in May 2015 MacPro started making repeated calls to her cell phone, for the purpose of marketing search engine optimization services.
Holley believes that MacPro used an automatic telephone dialing system to call her number. She says that MacPro’s calls came from what she believes to have been an electronically generated spoof number, the TCPA class action lawsuit claims.
Holley says she never consented to receive calls from MacPro via any automatic telephone dialing system, also known as a robocall system. She argues that those unwanted cell phone calls violated the federal Telephone Consumer Protection Act, or TCPA.
For compensation, Holley is asking the court for statutory damages for each TCPA violation, plus reimbursement of her attorneys’ fees and costs of litigation. She is also asking the court to order MacPro to stop making unconsented robocalls.
The Telephone Consumer Protection Act
Congress enacted the TCPA in 1991 to help get unwanted telemarketing calls under control. In a nutshell, the TCPA restricts the way businesses can contact people through phone or other electronic means. The act offers more robust restrictions on calls to cell phone numbers, since those calls sometimes incur a charge for the person called.
Among these protections, the act prohibits calls made using an automatic telephone dialing system without the receiving party’s consent. Certain exceptions exist if the caller has the party’s consent, or if the call is made for emergency purposes.
Since proving and quantifying harm caused by an unwanted cell phone call could be unusually tricky, the TCPA provides for a set damage award of $500 for each violation. For violations that the plaintiff can prove were made willfully, the damage award can jump to $1,500 per violation.
TCPA Class Action Lawsuits
Holley seeks to represent a class of individuals across the country who received a similar unconsented call from MacPro using either an automatic telephone dialing system or a prerecorded message within the last four years. Holley believes this class numbers in the thousands, if not more.
A TCPA class action lawsuit like the one Holley has filed can be a powerful weapon against unwanted cell phone calls. An automatic telephone dialing system can make hundreds or thousands of calls that violate the TCPA in a short period of time.
At a minimum of $500 each, those violations can quickly add up to a hefty damage award should one of the victims file a successful TCPA class action lawsuit.
The MacPro TCPA Class Action Lawsuit is Case No. 8:15-CV-01610-AG-DFM filed in the U.S. District Court for the Central District of California.
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.
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2016 Top Class Actions® LLC
Various Trademarks held by their respective owners
The post MacPro Hit With Telephone Spamming Class Action Lawsuit appeared first on Top Class Actions.

No comments:
Post a Comment