This lawsuit claims that Allied Interstate violated the Telephone Consumer Protection Act (TCPA) by using an automatic telephone dialing system to contact consumers’ cell phones without consent.
The TCPA was design to prevent unsolicited computerized calls to people’s homes and cell phones for non-emergency purposes. Congress determined that these practices are an invasion of privacy and that without federal action, consumers with less financial means would be increasingly susceptible to these threats. The law bans “automated or prerecorded telephone calls to the home, except when the receiving party consents to receiving the call or when such calls are necessary in an emergency situation affecting the health and safety of the consumer.”
One plaintiff in this lawsuit is a resident of San Diego. On August 1, 2011, the plaintiff allegedly incurred a debt to the U.S. Department of Education. The debt was later sold to Allied Interstate. On January 27, 2015, the plaintiff got a new cell phone number which was never provided to Allied Interstate. In June 2015, the plaintiff started to receive calls from Allied Interstate. At least six calls were made throughout June.
An automatic telephone dialing system is a program that allows computerized telephones to dial random numbers from a large database. It is apparent that Allied Interstate made use of one of these systems to place calls to consumers in violation of the TCPA based upon the number of consumers that have been contacted by them.
Based on the facts of the case, plaintiffs allege that Allied Interstate violated the TCPA by using an automatic telephone dialing system to place unsolicited phone calls to cellular phones without the owners’ consent.