The National Do Not Call Registry is part of the Telephone Consumer Protection Act (TCPA) and its accompanying regulations. It is intended to allow consumers to exclude themselves from telemarketers’ lists, so that they do not have to receive telemarketing calls. However, the complaint for this class action alleges that Eaton Vance Corporation places telemarketing calls to phone numbers that are on that list.
The class for this action is all natural persons in the US who, between March 12, 2017 and the present, received more than one telephone solicitation calls made by or on behalf of Eaton Vance in a twelve-month period, on their home landline or cell phone, telemarketing for Eaton Vance’s products or services, more than thirty-one days after the phone was registered on the National Do Not Call Registry.
The National Do Not Call Registry has been in operation for a long time. Telemarketers are supposed to scrub their call lists of any numbers that are on the list. They are prohibited from making calls to these numbers unless they have the owners’ prior express written consent to receive such calls. The plaintiff in this case, Cherin Anderson, registered her number on the list in 2003.
According to the complaint, “A consumer whose number is on the National Do-Not-Call Registry and has received more than one telemarketing call in violation of the TCPA within any twelve-month period by, or on behalf of, the same company can sue the company and seek the greater of actual damages or $500, a figure that may be trebled for willful or knowing violations.
The complaint alleges that Eaton Vance—or someone acting on its behalf—has been calling Anderson since January 2021. The calls have been placed to Anderson’s landline, sometimes twice a day. The telemarketing calls featured an artificial or prerecorded voice, “without any option for Anderson to stop the calls.
Anderson, the complaint alleges, “has never used the services of Eaton Vance. She has never contacted Eaton Vance to inquire about its services. Ms. Anderson has never provided Eaton Vance with her number, nor has she ever given her consent to be contacted by Eaton Vance.”
Anderson has enough on her plate without telephone solicitation calls. The complaint says Anderson “is currently fighting metastatic breast cancer.” Because it has metastasized into her bones, she has joint pain in the mornings and “she is unable to bend her legs fast enough to reach her phone without suffering considerable pain.” She also needs to sleep during the day, and the calls interrupt her sleep, the complaint claims.
The calls, the complaint charges, “have had a significant life impact on her, including negatively impacting her fight against her cancer and on the medical care of her elderly mother who is suffering from dementia.”
The complaint says, “The website ReportedCalls.com shows that the Federal Communications Commission ha[s] received multiple complaints about illegal telemarketing calls” from the Eaton Vance phone number “from consumers in fifteen states…”
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Eaton Vance Telemarketing to Cancer Patient TCPA Complaint
March 12, 2021
The National Do Not Call Registry is part of the Telephone Consumer Protection Act (TCPA) and its accompanying regulations. It is intended to allow consumers to exclude themselves from telemarketers’ lists, so that they do not have to receive telemarketing calls. However, the complaint for this class action alleges that Eaton Vance Corporation places telemarketing calls to phone numbers that are on that list.
Eaton Vance Telemarketing to Cancer Patient TCPA ComplaintCase Event History
Eaton Vance Telemarketing to Cancer Patient TCPA Complaint
March 12, 2021
The National Do Not Call Registry is part of the Telephone Consumer Protection Act (TCPA) and its accompanying regulations. It is intended to allow consumers to exclude themselves from telemarketers’ lists, so that they do not have to receive telemarketing calls. However, the complaint for this class action alleges that Eaton Vance Corporation places telemarketing calls to phone numbers that are on that list.
Eaton Vance Telemarketing to Cancer Patient TCPA Complaint