The complaint for this class action brings suit under the Telephone Consumer Protection Act (TCPA) but also under California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA). It claims that American Medical Response Ambulance Service, Inc., which does business as AMR, placed debt collection calls in ways that violate the two laws.
The class for this action is all persons in the US who received calls from AMR on their cell phones, made using any automatic dialing system or artificial or prerecorded voice, between April 17, 2015 and April 17, 2019, where the persons had not previously consented to receive such calls.
Companies attempting to collect debts may call consumer cell phones to try to recover their money. They just may not do it in ways that violate the law.
Plaintiff Debra Romo allegedly owes a debt to AMR. On or around February 2019, she began to received numerous calls from AMR, including daily calls.
The complaint claims that the calls violated the RFDCPA in a number of ways:
In addition, the complaint says the calls violated the TCPA.
The TCPA makes it unlawful for a business to place non-emergency calls to consumer cell phones using automatic dialing systems or artificial or prerecorded voices, unless the business has the consumers’ prior express written consent to receive such calls.
The complaint says that AMR’s calls were made with an automatic dialing system and that they were not emergency calls. Romo says she had not given her prior express written consent to receive such calls. Furthermore, she asked AMR to stop calling her, which would revoke any consent to call her the company might claim she previously gave.
The complaint claims violations of the RFDCPA, violations of the TCPA, and knowing and willful violations of the TCPA. Penalties for knowing and willful violations of the TCPA increase from a maximum of $500 per call to a maximum of $1,500 per call.