The federal government has the Telephone Consumer Protection Act (TCPA), but Pennsylvania has a Telemarketer Registration Act (TRA). The complaint for this class action alleges that Nutronix Revolution, which does business as NXR Global, has violated both these laws.
Among other things, the TCPA forbids businesses from placing 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 to receive such calls. The term “call” includes regular voice calls, voicemail messages, and text messages.
NXR sells subscription TV and video streaming based on a monthly fee. Unfortunately, it thinks telemarketing is a good way to get new customers.
On October 17, 2018, Plaintiff Daniel Esposito received a non-emergency text message on his cell phone from NXR. It said, “D., Bernard here (Linkedin) for $39/mo get over 3K chs of Live TV, Premium Movies, Sports, & PPV incl. Reply with keyword ‘3Kcable’ for info[.]”
Esposito says he had never given his prior express written consent to receive calls from NXR. He says he had never signed any type of agreement with the company at all.
The text purported to come from a certain telephone number. Esposito called it, in order to learn the name of the company that was harassing him. However, the number was not in use.
The complaint alleges that the company had sent the text with a “spoofed” number, that is, one in which a false caller ID number is shown. (This is often done to make a call appear local to the recipient.) Pennsylvania’s TRA forbids the use of spoofed numbers and requires that telemarketing promptly disclose the name of the telemarketer.
A class and two subclasses have been proposed for this action.