It’s a mystery why companies continue to think that illegal telemarketing is a good way to drum up business. The complaint for this class action alleges that CreditRepair.com, Inc. violated the Telephone Consumer Protection Act (TCPA) when it placed “dozens of calls” to at least one consumer who had registered her cell phone with the National Do Not Call Registry.
Two classes have been proposed for this action.
The TCPA was intended to stop the ever-growing flood of telemarketing calls to consumers, most of whom considered them a nuisance and an invasion of privacy. One of its implementing provisions was the establishment of a National Do Not Call Registry where consumers who didn’t want to receive such calls could record their telephone numbers. Consumers can put both cell phones and residential landlines on the list.
Plaintiff Erika Carranza put her cell phone number on the National Do Not Call Registry in 2009, but CreditRepair.com called her anyway. In fact, the complaint alleges that Carranza received “at least 9 calls” from CreditRepair.com, starting in the spring of 2015. It also says that the company called her “dozens of times on her phone during a twelve-month period, often daily.”
The complaint claims she told the company, “I’ve asked you many times to not call. Can I speak to a manager? Please put me on your do not call list.” That is, she asked to be put on the company’s internal Do Not Call list as well. Still, the calls continued.
The complaint says, “Plaintiff seeks an injunction requiring Defendant to cease all illegal telemarketing and spam activities and an award of statutory damages to the class members, together with costs and reasonable attorneys’ fees.”