Strictly speaking, telemarketing is not illegal. However, if you want to telemarket to consumer cell phones using things like automatic dialing systems, you must get permission from the cell phone owners to make such calls to them. The complaint for this class action alleges that GoDaddy.com, LLC did not do this and so violated the Telephone Consumer Protection Act (TCPA).
The TCPA makes it unlawful for telemarketers to call consumer cell phones for non-emergency purposes, using automatic dialing systems or artificial or prerecorded voices, unless they have the consumers’ prior express written consent to received such calls.
According to the complaint, GoDaddy.com has one or more Customer Development Teams (CDTs) that engage in marketing campaigns, including, the complaint alleges, telemarketing campaigns.
Plaintiff Jason Bennett received calls during what the complaint alleges were telemarketing campaigns conducted by GoDaddy.com’s CDTs. The complaint alleges that Bennett received calls from the company on the following dates:
- September 21, 2015
- January 27, 2016
- April 21, 2016
- May 6, 2016
- May 20, 2016
At the time of the first call, the complaint claims, Bennett was using certain of the company’s services that were soon to expire. The purpose of the calls, the complaint says, was two-fold. First, GoDaddy.com wanted to persuade Bennett to renew his subscription to these services. Second, the complaint alleges, the company hoped to entice Bennett to have a “consultation” about his business with an employee of GoDaddy.com so that the employee could recommend other services that Bennett might purchase.
The complaint alleges that the calls from GoDaddy to Bennett were made through the use of an automatic dialing system and that none of the calls were made for emergency purposes.
The complaint asks for injunctive relief, prohibiting GoDaddy.com from making any further calls to his cell phone using an automatic dialing system. It also asks for statutory damages, alleging that the calls were knowing and willful, and that penalties could be assessed at up to $1,500 per call. Finally, it asks for “[s]uch other, further, and different relief to which Plaintiff and the Class Members may be entitled and that this Honorable Court may deem just and proper.”
The class for this action is all persons in the US to whose cell phone, between November 4, 2014 and October 19, 2016, GoDaddy.com’s Customer Development Team placed a call, using an automatic telephone dialing system, for one or more of its Telemarketing Campaigns that resulted in the placing of a call to the cell phone number of the plaintiff in this case.Article Type: Lawsuit