Failure to List on Internal Do Not Call List
Nationwide is putting aside $5 million to settle a class action brought under the Telephone Consumer Protection Act (TCPA). The complaint alleged that Nationwide’s agents made calls to consumers without their permission and also to persons on Nationwide’s internal Do Not Call List, in violation of the TCPA.
What can you say about a company selling its legal referral services via illegal telemarketing calls? The complaint for this class action alleges that Martindale-Hubbell, Inc. made autodialed sales calls and sent voicemails to consumers in an attempt to drum up customers for its legal business. Martindale-Hubbell provides information services for the legal profession and acts as a referral source for new clients.
A company called Donisi Jax, Inc., doing business as Nationwide Health Advisors, has violated the Telephone Consumer Protection Act (TCPA), says the complaint for this class action. According to the complaint, the company claims to be a broker of health insurance plans, and it has made unwanted calls to cell phones and failed to maintain an internal Do Not Call list.
Despite the restrictions of the Telephone Consumer Protection Act (TCPA), some companies still think it’s a smart idea to telemarket to consumer cell phones without permission. The complaint for this class action claims that Hosopo Corporation, doing business as Horizon Solar Power, is one of them. Even worse, the company would not stop calling.
The complaint for this lawsuit alleges that SunTrust Bank has violated both the federal Telephone Consumer Protection Act (TCPA) and the Florida Consumer Collection Practices Act (FCCPA), when the bank repeatedly called plaintiff Edwin Rivera, trying to collect a debt from him. The calls violated provisions on calling consumer cells phones, refusing to stop calling when asked, and calling late at night.
Around February of 2010, the complaint for this class action alleges, plaintiff Lynn Laing began receiving autodialed calls from Wells Fargo on both her cell phone and her landline—calls that were not for her but for someone named Ruth Phillips. Even though Laing repeatedly told them that she was not Ruth Phillips and that she did not want to receive further calls from Wells Fargo, the calls did not stop. The complaint alleges that the company’s approximately 120 calls violated the TCPA in several ways.
Sometime around July or August of 2017, the complaint alleges, DialAmerica began calling plaintiff Ariel Shuckett on her cell phone, using an automatic dialing system and a pre-recorded voice in violation of the TCPA, trying to sell her bathroom fixtures. The complaint claims that at least three times Shuckett took the trouble to get through to a representative, to ask the company to stop calling her, but the company continued to call, up to four times a day, approximately forty times in a two-month period.
Gigats, a job-matching service, sends subscribers job leads via SMS text-messaging. Unfortunately, the complaint claims that it also markets itself that way as well, without regard to the Telephone Consumer Protection Act (TCPA). The complaint alleges instances of Gigats’s making unsolicited messaging calls to plaintiffs’ cell phones, its calling of a phone on the National Do Not Call Registry, and its failure to stop calling after a plaintiff followed opt-out procedures.