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Global Exchange Telemarketing of Vacations TCPA Class Action

On November 27, 2016, the complaint for this class action alleges, one of the defendants or its agents called plaintiff Joshua Askin’s cell phone in an attempt to sell him vacations. The complaint claims this was a violation of the Telephone Consumer Protection Act (TCPA), since Joshua Askin had no previous business with the companies, had not given them his cell phone number, and had not consented to such telemarketing calls.

The class for this action comprises all persons within the US who received calls on their cell phones from the defendants or their agents that were made with the use of an automatic dialing system, between July 28, 2013 and July 28, 2017.

The defendants in this class action are a group of companies—including the Global Exchange Vacation Club, Global Exchange Development Corporation, Global Vacations Marketing Corporation, Resort Vacations, Inc.—and their head, Richard Sargent.

The TCPA was passed because of increasing consumer complaints due to new technologies permitted companies to call thousands of consumers with little trouble or expense to themselves. Congress found that “[b]anning such automated or prerecorded telephone calls to the home …

is the only effective means of protecting telephone consumers from this nuisance and privacy invasion.”

Of particular concern were calls to cell phones, because service providers usually charged for incoming as well as outgoing calls, making unwanted telemarketing calls not just a nuisance but also an expense. The TCPA specified that companies cannot make telemarketing calls to consumer cell phones using automatic dialing systems or artificial and/or pre-recorded voices.

According to the complaint, the call to Askin’s cell phone from the defendants was dialed with an automatic dialing system and began with a pre-recorded message. The call was not made for emergency purposes, the complaint says, and Askin had not given them his cell phone number or written prior consent to call him.

As if that isn’t enough, the complaint alleges that at the end of the call, the defendants admitted to Askin that they had recorded the call—without informing Askin beforehand or asking his permission.

The complaint asserts that defendants do not scrub their telemarketing lead lists of numbers on the National Do Not Call Registry, and that calls such as the one made to Askin are a serious annoyance and an invasion of privacy, costing them money, depleting their phone batteries, and wasting their time. The complaint therefore claims that the defendants negligently as well as knowingly violated the TCPA. 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Global Exchange Telemarketing of Vacations TCPA Complaint

July 28, 2017

On November 27, 2016, the complaint for this class action alleges, one of the defendants or its agents called plaintiff Joshua Askin’s cell phone, through use of an automatic dialing system and a pre-recorded voice, in an attempt to sell him vacations. The complaint claims this was a violation of the Telephone Consumer Protection Act (TCPA), since Joshua Askin had no previous business with the companies, had not given them his cell phone number, and had not consented to such telemarketing calls.

vacation_club_tcpa_complaint.pdf

Case Event History

Global Exchange Telemarketing of Vacations TCPA Complaint

July 28, 2017

On November 27, 2016, the complaint for this class action alleges, one of the defendants or its agents called plaintiff Joshua Askin’s cell phone, through use of an automatic dialing system and a pre-recorded voice, in an attempt to sell him vacations. The complaint claims this was a violation of the Telephone Consumer Protection Act (TCPA), since Joshua Askin had no previous business with the companies, had not given them his cell phone number, and had not consented to such telemarketing calls.

vacation_club_tcpa_complaint.pdf
Tags: Recording Calls Without Consent, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer