Evergreen Pest Solutions Unwanted Cell Phone Calls TCPA Class Action

The Telephone Consumer Protection Act (TCPA) restricts the way in which businesses may contact consumers. Even debt collectors are bound by the law, although they may dial debtor’s numbers individually and without mechanized help when they wish to try to collect a debt. The complaint for this class action claims that Evergreen Pest Solutions, LLC made calls to consumers to try to collect alleged or disputed debts in ways that violated the TCPA.

The story began when plaintiff Kyle A. Bender asked Evergreen to provide pest control services for his home in June 2019. The complaint alleges that he was “[d]isappointed with the lack of results” and called them to cancel any future service appointments in August.

In January 2020, Evergreen began calling Bender on his cell phone, claiming he owed them a $160 cancellation fee. One call that Bender answered featured a prerecorded voice saying in part, “You have an outstanding debt with Evergreen Pest Solutions in the amount of $160.” It requested that Bender return the call at a certain number.

Bender returned the call that same day. The representative he spoke to claimed he had agreed to pay a cancellation fee. Bender said he had never done that. The representative told him the company would keep calling him until he paid the $160. Bender demanded that they stop calling him, saying that it would be harassment if they continued.

A few days later, he received another call, also with a prerecorded message. Again, he called Evergreen and asked the company to stop calling him. The representative he spoke to again told him the calls would continue until he paid what they said he owed.

According to the complaint, the company also sent text messages to Bender’s cell phone asking him to pay what they claimed he owed. Although he responded “STOP” to the messages, the company persisted in texting him.

The complaint claims that the company continued to try to contact him, placing calls to his cell phone via an automatic dialing system. The complaint alleges, “Upon information and belief, [Evergreen] has no system in place to document and archive whether it has consent to contact customers on their cellular phones.”

The class for this action is all persons in the US who have US-based numbers who received a call to their cell phones between February 28, 2016 and February 28, 2020 from Evergreen, where Evergreen placed the calls using a prerecorded voice after the persons asked Evergreen to stop calling.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Evergreen Pest Solutions Unwanted Cell Phone Calls TCPA Complaint

February 28, 2020

The Telephone Consumer Protection Act (TCPA) restricts the way in which businesses may contact consumers. Even debt collectors are bound by the law, although they may dial debtor’s numbers individually and without mechanized help when they wish to try to collect a debt. The complaint for this class action claims that Evergreen Pest Solutions, LLC made calls to consumers to try to collect alleged or disputed debts in ways that violated the TCPA.

Evergreen Pest Solutions Unwanted Cell Phone Calls TCPA Complaint

Case Event History

Evergreen Pest Solutions Unwanted Cell Phone Calls TCPA Complaint

February 28, 2020

The Telephone Consumer Protection Act (TCPA) restricts the way in which businesses may contact consumers. Even debt collectors are bound by the law, although they may dial debtor’s numbers individually and without mechanized help when they wish to try to collect a debt. The complaint for this class action claims that Evergreen Pest Solutions, LLC made calls to consumers to try to collect alleged or disputed debts in ways that violated the TCPA.

Evergreen Pest Solutions Unwanted Cell Phone Calls TCPA Complaint
Tags: Failure to stop calling faxing or texting when requested, TCPA, Use of artificial or pre-recorded voice