Calls from companies with whom you don’t care to do business can be annoying. They are even more so if the messages they carry are for someone else entirely. The complaint for this class action claims that Regional Acceptance Corporation (RAC) placed unwanted calls to the cell phone of William Christopher Collins, in violation of the Telephone Consumer Protection Act (TCPA).
Two classes have been defined for this action.
In the 1980s and 1990s, advances in telephone technology produced increases in the amount of telemarketing ordinary consumers received. The flood of calls led to a flood of complaints to the federal government. In response, Congress passed the TCPA. This law attempts to allow consumers to choose which advertising calls they want to receive and to ban all others.
The law regulates calls, which include regular voice calls placed by automatic dialing systems, recorded messages and voicemails, faxes, and text messages.
Cell phone owners were a particular concern, since they typically pay for incoming as well as outgoing calls. Telemarketers are forbidden to call 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.
Plaintiff Collins alleges that RAC called his cell phone repeatedly, without his prior express written consent.
RAC is an auto financing company. Collins does not have an auto loan with it and is not seeking one. He does not owe it any money or have a business relationship with it.
The complaint alleges that the calls were placed using an automatic dialing system. When Collins picked up, he says he heard a recorded message. However, the calls were not for him but were aimed at another person. Collins says he heard the same prerecorded message on multiple occasions.
The complaint alleges both negligent and knowing or willful violations of the TCPA.