ADT Unsolicited Cell Phone and DNC Calls TCPA Class Action

Most people know of ADT, Inc. as a company that sells home and business security hardware and monitoring services. The complaint for this class action alleges, “To generate sales and subscribers, ADT relies on a network of third-party authorized dealers like Defendant Safe Streets, who in turn rely on telemarketing conducted by sales lead generators like Defendant PerfectVision Manufacturing.” The complaint holds all three companies responsible for the making of unlawful telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA).

The TCPA tries to protect consumers from telemarketing calls in a number of ways.

For one thing, businesses may not place non-emergency calls to consumer cell phones, using an automatic telephone dialing system or an artificial or prerecorded voice, unless the business has the consumer’s prior express written consent to receive such calls.

The TCPA has also instituted a National Do Not Call Registry where consumers can list their cell or residential phone number. Businesses are supposed to scrub all numbers on this list from their list of telemarketing targets.

Plaintiff Diana Mey’s cell phone is listed on the National Do Not Call Registry. She should therefore have been doubly protected against telemarketing calls. However, on August 31, 2019, she began receiving telemarketing calls trying to sell her the products or services of ADT Home Security.

When plaintiff answered the calls, there was a distinctive pause before a live person came on the line. The complaint calls that pause “consistent with the use of” an automatic dialing system.

The complaint describes each of the calls she received from the defendants in this case in detail. These occurred on August 31 and September 4, 8, 15, and 16, 2019.

Two classes have been defined for this action:

  • The Cell Phone Class is all persons in the US to whose cell phones ADT, or a third party acting on its behalf, made one or more non-emergency calls, promoting ADT’s goods or services, using an automatic telephone dialing system, at any time between September 25, 2016 and the trial of this case.
  • The National Do Not Call Registry Class is all persons in the US to whose cell or residential phones ADT, or a third party acting on its behalf, made two or more calls in a twelve-month period, promoting ADT’s goods or services, at any time between September 25, 2016 and the trial of this case, where the person’s cell or residential phone number appears on the National Do Not Call Registry.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

ADT Unsolicited Cell Phone and DNC Calls TCPA Complaint

September 25, 2020

Most people know of ADT, Inc. as a company that sells home and business security hardware and monitoring services. The complaint for this class action alleges, “To generate sales and subscribers, ADT relies on a network of third-party authorized dealers like Defendant Safe Streets, who in turn rely on telemarketing conducted by sales lead generators like Defendant PerfectVision Manufacturing.” The complaint holds all three companies responsible for the making of unlawful telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA).

ADT Unsolicited Cell Phone and DNC Calls TCPA Complaint

Case Event History

ADT Unsolicited Cell Phone and DNC Calls TCPA Complaint

September 25, 2020

Most people know of ADT, Inc. as a company that sells home and business security hardware and monitoring services. The complaint for this class action alleges, “To generate sales and subscribers, ADT relies on a network of third-party authorized dealers like Defendant Safe Streets, who in turn rely on telemarketing conducted by sales lead generators like Defendant PerfectVision Manufacturing.” The complaint holds all three companies responsible for the making of unlawful telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA).

ADT Unsolicited Cell Phone and DNC Calls TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls