Frontier Communications Calls to Cell Phone on DNC Registry TCPA Class Action

Yes, it’s another class action alleging violations of the Telephone Consumer Protection Act (TCPA). In this case, the complaint alleges, Frontier Communications of America, Inc. repeatedly called placed calls to the private cell phone of a consumer with an automatic dialing system.

It’s a familiar story. In January 2019, Frontier began calling the cell phone of plaintiff Corey Weiss, trying to get him to purchase its services. The complaint alleges that Frontier used an automatic dialing system to make these calls, because there was a delay between when Weiss answered the calls and when he was connected to a person. He also heard “persistent echo” over the line. 

Weiss asserts that he never gave his prior express written consent for Frontier to contact him. Also, his cell phone number was listed on the National Do Not Call Registry. Weiss received multiple calls from Frontier, and during one of them, he asked the company to stop calling him. This should have revoked any consent the company might claim he had given it, but Frontier did not stop calling.

Four classes have been defined for this action.

• The ATDS Class is all persons within the US who received on their cell phones telemarketing calls from Frontier made through the use of an automatic telephone dialing system or an artificial or prerecorded voice, between July 18, 2015 and July 18, 2019, when the person had not given their prior express consent to receive such calls.
• The ATDS Revocation Class is all persons in the US who received on their cell phones telemarketing calls from Frontier made through the use of an automatic telephone dialing system or an artificial or prerecorded voice, between July 18, 2015 and July 18, 2019, when the person had revoked any prior express consent to receive such calls.
• The DNC Class is all persons in the US whose numbers were on the National Do Not Call Registry for at least thirty days, who had not given Frontier their prior express consent to receive calls from it, who did not have a prior business relationship with Frontier, but who received more than one telemarketing call from Frontier in any twelve-month period, between July 18, 2015 and July 18, 2019.
• The DNC Revocation Class is all persons in the US whose numbers were on the National Do Not Call Registry for at least thirty days, who received more than one telemarketing call from Frontier in any twelve-month period, between July 18, 2015 and July 18, 2019, after the person had revoked any prior business relationship and any consent to receive such calls.

Article Type: Lawsuit
Topic: Consumer
Tags: Called Number on Do Not Call Registry, Failure to stop calling faxing or texting when requested, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer