This class action lawsuit claims that Northstar Alarm Services hired a third-party, Yodel, who made telemarketing calls to consumers’ telephone numbers to advertise their goods and services using a prerecorded message without consent.
The Telephone Consumer Protection Act (TCPA) was designed to prevent unsolicited phone calls and to protect the privacy of American citizens. It prevents telemarketers, creditors, and other companies from using an automatic telephone dialing system (ATDS) to make unsolicited calls to consumers without consent, except for in emergency situations. In enacting the TCPA, Congress intended to give consumers a choice as to how creditors and telemarketers may call them, and made specific findings that “technologies that might allow consumers to avoid receiving such calls are not universally available, are costly, and are unlikely to be enforced, or place an inordinate burden on the consumer.”
The plaintiff in this lawsuit, Robert Braver, is a resident of Norman, Oklahoma. On August 26, 2016 at approximately 10:17 AM, Braver received a prerecorded message telemarketing “robocall” advertising the commercial availability of burglar alarm equipment and alarm monitoring services. At the outset of the call, the company was identified as, “The Local Department of Home Security” and then later as “The Security Help Center”. No such company name is registered as a corporation, LLC, or trade name or licensed as an alarm company within the State of Oklahoma. After another incident, Braver pretended to be interested in an alarm system, and was eventually connected to NorthStar. Once Northstar was identified, Braver was able to contact NorthStar in order to gather additional information related to the calls. Prior to determining that any legal action would be warranted, Braver notified NorthStar of his concerns about the unlawful nature of the calls under the TCPA but Braver’s concerns were largely dismissed by Northstar. NorthStar indicated that the calls were initiated by Yodel Technologies of Palm Harbor, Florida, and that NorthStar had vetted Yodel Technologies and was fully aware that Yodel was initiating telemarketing calls to consumers using prerecorded voice messages.
Telemarketing campaigns generally place calls to hundreds of thousands or even millions of potential customers. This indicates that NorthStar contacted thousands of consumers other than Braver.
Based on the facts of the case, the plaintiff in this lawsuit alleges that NorthStar violated the TCPA.