The complaint for this class action opens with a quotation from the Supreme Court: “Americans passionately disagree about many things. But they are largely united in their disdain for robocalls….” The Telephone Consumer Protection Act (TCPA) was passed in 1991 to protect consumers from unwanted robocalls, but the complaint for this class action alleges that First American Home Warranty Corporation still sends calls to consumers without their prior express written consent.
The Robocall Class for this action is all persons in the US (1) to whose residential telephone line (2) First American (or an agent acting on its behalf) placed a telemarketing call (3) between July 9, 2018 and the date the class is certified in this case (4) using a prerecorded message identical or substantially similar to that used to place telephone calls to the plaintiff in this case.
The complaint claims, “The TCPA makes it unlawful to make any call (other than a call made for emergency purposes of made with the prior express consent of the called party) using an artificial or prerecorded voice to any residential telephone number.”
The Federal Communications Commission (FCC) is tasked with writing the regulations for the implementation of the TCPA. In 2013, the FCC required that telemarketers get prior express written consent for robocalls that are made to cell phones or residential phones. Robocalls are calls made with an automatic dialing system or a prerecorded voice. The regulations set out in detail what that consent consists of and how it can be obtained.
In this case, the plaintiff, Stewart Abramson, received a call from First American on July 5, 2022, the complaint alleges, which began with a prerecorded message that said, “Hello, this is a call from your utility company. … Please press one to get your compensation.” The complaint alleges that the call must have been prerecorded because there was a slight pause after Abramson picked up before the voice began speaking, because the messages was “monotone, non-personalized, and generic” and because it told Abramson to press one.
When Abramson pressed one, he was connected to an individual purportedly named “David” who identified himself as calling for First American, then offered him the company’s home warranty services. This person later sent Abramson an email confirming the company name.
The complaint alleges that the calls injured Abramson and other members of the class because they “were frustrating, obnoxious, annoying, [and] a nuisance and disturbed the solitude of Plaintiff and the class.”
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
First American Home Warranty Corp Robocalls TCPA Complaint
July 9, 2022
The complaint for this class action opens with a quotation from the Supreme Court: “Americans passionately disagree about many things. But they are largely united in their disdain for robocalls….” The Telephone Consumer Protection Act (TCPA) was passed to protect consumers from unwanted robocalls, but the complaint for this class action alleges that First American Home Warranty Corporation still sends calls to consumers without their prior express written consent.
First American Home Warranty Corp Robocalls TCPA ComplaintCase Event History
First American Home Warranty Corp Robocalls TCPA Complaint
July 9, 2022
The complaint for this class action opens with a quotation from the Supreme Court: “Americans passionately disagree about many things. But they are largely united in their disdain for robocalls….” The Telephone Consumer Protection Act (TCPA) was passed to protect consumers from unwanted robocalls, but the complaint for this class action alleges that First American Home Warranty Corporation still sends calls to consumers without their prior express written consent.
First American Home Warranty Corp Robocalls TCPA Complaint