AUS Marketing Research Stop-Calling Cell Phone TCPA Class Action

Most people know by now that the Telephone Consumer Protection Act (TCPA) prohibits the use of automatic dialers in calling cell phones for telemarketing purposes, but according to the complaint for this class action, such calls are also prohibited for marketing research and surveys, such as those made by AUS Marketing Research Systems, Inc. to Lucas Alex Abrezewicz.

Two classes have been proposed for this class action:

  • The Autodialed No Consent Class: All persons in the US who,
  • From August 15, 2013 to the present,
  • Received a call from AUS or its agents,
  • On a cell phone,
  • For the purpose of gathering survey information, and
  • From whom AUS claims to have obtained prior express consent in the same manner as it claimed to have from plaintiff Ambrezewicz in this action.
  • The Autodialed Stop Call Class: All persons in the US who,
  • From August 15, 2013 to the present,
  • Received a call from AUS or its agents,
  • On a cell phone,
  • For the purpose of gathering survey information,
  • After they had informed AUS that they no loner wished to receive its calls.

The TCPA was passed to protect consumers from an increase in intrusive calls to private telephones made possible by new technologies, such as automatic dialing systems and pre-recorded voices. Of particular concern were calls to cell phones, because cell phone owners typically pay for incoming as well as outgoing calls, so that unwanted calls are not just a nuisance but a waste of their money.

AUS is a market and survey research firm that conducts surveys on topics such as current events, health care, customer satisfaction, politics, and media. Unfortunately, the complaint alleges that the company violates the TCPA by making calls to cell phones using automatic dialing systems without the consent of the owners of the cell phones.

The complaint alleges that in a job advertisement, AUS specifically admitted to using them to make survey calls when it wrote that “As a telephone interviewer you will … place outbound calls either manually dialed or using an automated dialer…” It alleges that the ad also admits that AUS does not have permission to call consumers when it warns applicants that the people they will be calling “are not expecting the calls and many times are not happy to receive it.”

The complaint claims that AUS’s automatic dialing equipment is also a predictive dialing system, which is one that automatically makes numerous simultaneous calls, connecting answered calls to available representatives and disconnecting unanswered ones.

According to the complaint, plaintiff Ambrezewicz received a call from AUS on June 19, 2017 and, when he answered, he noticed a pause before he was connected to a representative, which is a sign of an automatic dialing system. When the representative mentioned being associated with the SSRS.com website, the complaint said, Ambrezewicz asked that they stop calling him—yet the company called him again on the same day!

The complaint claims that Ambrezewicz had never consented to receive such calls, does not have a relationship with AUS, and has never requested information from AUS, so the calls are a violation of the TCPA. 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

AUS Marketing Research Stop-Calling Cell Phone TCPA Complaint

August 15, 2017

The Telephone Consumer Protection Act (TCPA) prohibits the use of automatic dialers in calling cell phones for telemarketing purposes, but according to the complaint for this class action, such calls are also prohibited for marketing research and surveys, such as those made by AUS Marketing Research Systems, Inc. to Lucas Alex Ambrezewicz. Abrezewicz claims that AUS made two calls to his cell phone on the same day, both made with automatic dialing systems, and that the second call was made even after he had requested, on the first call, that the company stop calling him.

aus_marketing_tcpa_complaint.pdf

Case Event History

AUS Marketing Research Stop-Calling Cell Phone TCPA Complaint

August 15, 2017

The Telephone Consumer Protection Act (TCPA) prohibits the use of automatic dialers in calling cell phones for telemarketing purposes, but according to the complaint for this class action, such calls are also prohibited for marketing research and surveys, such as those made by AUS Marketing Research Systems, Inc. to Lucas Alex Ambrezewicz. Abrezewicz claims that AUS made two calls to his cell phone on the same day, both made with automatic dialing systems, and that the second call was made even after he had requested, on the first call, that the company stop calling him.

aus_marketing_tcpa_complaint.pdf
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer