fbpx

Ashley Furniture Unwanted Calls Using Prerecorded Voice TCPA Class Action

The Dufresne Spencer Group, LLC sells furniture as Ashley Furniture HomeStore. This class action concerns allegations that Ashley has violated the Telephone Consumer Protection Act (TCPA) by making calls to consumer cell phones using an artificial or prerecorded voice, even after the owners of those cell phone numbers have asked it to stop making such calls.

The class for this action is all persons and entities in the US (1) to whom Dufresne or Ashly placed, or caused to be placed, a call to a cell phone (2) in connection with which Dufresne or Ashley used an artificial or prerecorded voice, (3) after the called party told Dufresne or Ashley that they did not want the company to place calls to them or after they told the company to stop placing calls to the cell phone number, (4) between January 31, 2018 and the date the class is certified in this case.

In December of 2019, the plaintiff in this case, Kevin Pate, bought a chair from Ashley. It was delivered to him the following month, January 2020. Pate found a defect in the seat cushion of the chair and reported it to Ashley.

Ashley then replaced the cushion, but Pate later found a defect in that cushion as well. At that point, Ashley offered to replace the entire chair. Later, the company informed Pate that he could keep the defective chair and did not have to return it.

Presumably, much of the communication about the problem took place by telephone, because, sometime after that, the complaint alleges, Ashley began to make calls to Pate’s cell phone. The calls made use of an artificial or prerecorded voice.

The purpose of the calls, the complaint alleges, was to schedule a time to pick up the damaged chair. However, by that time, the complaint claims, Ashley had told Pate he could keep the damaged chair. Pate then told Ashley, the complaint says, that he did not want them to make the automated calls to his cell phone anymore, but Ashley kept calling.

According to the complaint, “on at least one occasion [Pate] followed instructions included in an artificial or prerecorded voice message that [Ashley] delivered to [Pate’s] cellular telephone, spoke to one of [Ashley’s] representatives, informed the representative that he did not wish to receive calls from [Ashley]…”

At least once, as well, the complaint alleges, Pate placed a call to Ashley and told it he did not want to receive any more calls from it.

According to the complaint, between November 2020 and January 2021 alone, Ashley made more than seventy-five calls to Pate’s cell phone and delivered over thirty artificial or prerecorded messages to his cell phone’s voicemail.

Pate asserts he had never given Ashley his consent for it to call his cell phone using an automatic dialing system or an artificial or prerecorded voice. Even if he had provided such consent, he revoked it when he told Ashley to stop calling him.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Ashley Furniture Unwanted Calls Using Prerecorded Voice TCPA Complaint

January 31, 2022

The Dufresne Spencer Group, LLC sells furniture as Ashley Furniture HomeStore. This class action concerns allegations that Ashley has violated the Telephone Consumer Protection Act (TCPA) by making calls to consumer cell phones using an artificial or prerecorded voice, even after the owners of those cell phone numbers have asked it to stop making such calls.

Ashley Furniture Unwanted Calls Using Prerecorded Voice TCPA Complaint

Case Event History

Ashley Furniture Unwanted Calls Using Prerecorded Voice TCPA Complaint

January 31, 2022

The Dufresne Spencer Group, LLC sells furniture as Ashley Furniture HomeStore. This class action concerns allegations that Ashley has violated the Telephone Consumer Protection Act (TCPA) by making calls to consumer cell phones using an artificial or prerecorded voice, even after the owners of those cell phone numbers have asked it to stop making such calls.

Ashley Furniture Unwanted Calls Using Prerecorded Voice TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of artificial or pre-recorded voice