GoDaddy.com, LLC provides products and services related to website. The complaint for this class action alleges that it sends calls and text messages to customers to encourage them to buy more from it, without first getting their permission for this telemarketing. According to the complaint, this is a violation of the Telephone Consumer Protection Act (TCPA).
The class for this action is all persons in the US to whose cell phone GoDaddy placed a call or sent a text message for marketing purposes through the use of an automatic dialing system between August 21, 2015 and August 21, 2019.
Congress passed the TCPA in 1991, when the increasing availability of automatic dialing systems and recorded messages had led to an explosion in telemarketing. It intended for the TCPA to regulate telemarketing and to give consumers choice about the companies from which they would receive messages and information.
Cell phones were of particular concern. Cell phone owners normally pay for incoming as well as outgoing calls, so that telemarketing actually costs them money.
As it currently stands, the TCPA forbids advertisers from making non-emergency calls to consumer cell phones using automatic dialing systems or artificial or prerecorded voices unless they have the consumers’ prior express written consent. The TCPA even specifies how advertisers must receive this consent.
When consumers buy products or services from GoDaddy, they are required as part of the transaction to give GoDaddy their telephone numbers. According to the complaint, it later uses the numbers to place calls and send text messages to these consumers, trying to get them to upgrade to more expensive products and services, or trying to revive the interest of former customers.
The complaint does not provide the dates or details of the calls or text messages that GoDaddy sent to plaintiff Susan Drazen’s cell phone. All it provides is a simple allegation: “[GoDaddy] placed numerous such calls and text messages to [Drazen’s] cellular telephone marketing its products and services.”
It does, however, claim that the calls and text messages were placed using an automatic telephone dialing system. It also says that Drazen had not given the company her prior express written consent to receive such messages.
The calls and messages, the complaint contends, were “an invasion of a legally protected interest in privacy,” as addressed by the TCPA.
The complaint asks for both the $500 in statutory damages for each call or message and the $1,500 for each call or message that was sent willfully and knowingly.