Charter Communications Debt Calls to Wrong Party TCPA Class Action

This class action alleges that Charter Communications, Inc. has persisted in pursuing debts by placing phone calls to persons other than the ones who owe the debt. The complaint alleges the calls are made in violation of the Telephone Consumer Protection Act (TCPA). The calls were placed to a consumer cell phone number by an automatic dialing system without the consent of the cell phone owner.

The complaint lists the date, time, and source number for five calls placed to the cell phone of plaintiff Kelly Carlier, including two calls on November 22, 2019, two on December 17 of that year, one on December 30, and one on January 17, 2020.

The complaint says, “On each of the calls, [Charter] sought to collect a debt from someone who is not Ms. Carlier. When the calls first began, Ms. Carlier picked up the phone and informed [Charter] she was not the person [Charter] was looking for. Yet[] [Charter] continued to harass Ms. Carlier with calls.”

Many times, when Carlier picked up, she heard a pause before a live person spoke. The complaint alleges that this pause “is a hallmark of an automatic telephone dialing system (“ATDS”). On other calls, she heard a prerecorded message from Charter. Carlier asserts that she never gave Charter her permission to call her with an ATDS or prerecorded voice.

The complaint quotes online postings protesting this kind of behavior from Charter:

  • “Won’t stop calling. Asking for wrong person.”
  • “Caller said I owed money. Over $300.”
  • “I don’t even use those people who called.”
  • “Trying to hawk unwanted services under the guise of it being an ‘important message’…”

The complaint claims, “The TCPA was enacted to protect consumers from unsolicited telephone calls exactly like those alleged in this case.”

Two classes have been proposed for this action.

  • The Robocall Class is all persons in the US who (a) received a non-emergency call (b) on their cell phone or residential line (c) made by or on behalf of Charter (d) for whom Charter has no record of prior express written consent (e) where the call was made with the use of an artificial or prerecorded voice (f) at any time between February 26, 2016 and the date the class notice in this case is disseminated.
  • The Autodialer Class is all persons in the US who (a) received a non-emergency call (b) on their cell phone or residential line (c) made by or on behalf of Charter (d) for whom Charter has no record of prior express written consent (e) where the call was made with the use of an an automatic telephone dialing system (f) at any time between February 26, 2016 and the date the class notice in this case is disseminated.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Charter Communications Debt Calls to Wrong Party TCPA Complaint

February 26, 2020

This class action alleges that Charter Communications, Inc. has persisted in pursuing debts by placing phone calls to persons other than the ones who owe the debt. The complaint alleges the calls are made in violation of the Telephone Consumer Protection Act (TCPA). The calls were placed to a consumer cell phone number by an automatic dialing system without the consent of the cell phone owner.

Charter Communications Debt Calls to Wrong Party TCPA Complaint

Case Event History

Charter Communications Debt Calls to Wrong Party TCPA Complaint

February 26, 2020

This class action alleges that Charter Communications, Inc. has persisted in pursuing debts by placing phone calls to persons other than the ones who owe the debt. The complaint alleges the calls are made in violation of the Telephone Consumer Protection Act (TCPA). The calls were placed to a consumer cell phone number by an automatic dialing system without the consent of the cell phone owner.

Charter Communications Debt Calls to Wrong Party TCPA Complaint
Tags: TCPA, Unsolicited Telephone Calls, Use of Automatic-Capable Dialer, Use of artificial or pre-recorded voice