It’s the same old telemarketing complaint, with a company with a different business structure. The complaint for this class action alleges that Porch.com, Inc., German Roofing, LLC, and others violated the Telephone Consumer Protection Act (TCPA) by placing telemarketing calls to consumer cell phones without getting the consumers’ prior express written consent.
Porch.com purports to offer two different kinds of services. First, its Porch Services provides home repair or home improvement services to consumers. Second, its Porch Pro Network that purportedly lists more than 300,000 “home professionals” across the country that consumers can contact directly for such services. German Roofing is one of these home professionals.
Plaintiff Nick Fisher, who lives in Mesa, Arizona, browsed Porch’s website, including looking at entries for roofers in his area. One of them was German Roofing.
From the reproduction in the complaint, the page does not appear to have a button for “No, thanks,” or “Do not call me,” or “Quotes but no telemarketing.”
The complaint says that Fisher does not believe he actually requested a quote. However, Porch and German Roofing began placing “dozens of autodialed and prerecorded telemarketing phone calls and/or text messages” to his cell phone number.
For example, on October 29, 2017, Fisher received a text message that began, “Porch: German Roofing LLC will be responding to you soon from this number…”
Less than two seconds later, the complaint says, Fisher received another text message from the same number that began, “Hi, Thanks for submitting your project request! We would love to speak with you about the work you need done. When is a good time for us to call to discuss the details?”
A day later, he received an autodialed call. When he picked up, Fisher heard a three to four second pause before he was connected to a live person. When the person said they were from German Roofing, Fisher hung up. Less than a minute later, he received another such call. Fisher asked the company not to call again.
On other calls as well, Fisher asked not to be called again. However, the calls continued.
The complaint defines at least eighteen different classes for this action, including Nationwide, Arizona, and California Classes for various counts. The class period runs from August 29, 2015 to August 29, 2019. For more information, see the complaint at the link below.