GQ Solutions Robocalls to Do Not Call Numbers Class Action

This class action concerns robocalls allegedly made by a company called GQ Solutions, LLC. The complaint alleges that the company violates the Telephone Consumer Protection Act (TCPA) by making telemarketing calls to consumers using an artificial or prerecorded voice.

The plaintiff in this case, David Ulery, says he received at least four robocalls from GQ, on June 25, July 19, September 1, and October 1, 2021. Ulery’s number has been on the National Do Not Call Registry since September 6, 2011.

The complaint alleges that the calls used an artificial or prerecorded voice and an automatic telephone dialing system to make the calls.

According to the complaint, the calls were each from a different spoofed number, but they all played a prerecorded message from “Suzie” that followed a single script: “So if you are interested in renewing your auto warranty now, please press 5 now or press 9 to be removed from our list. Hi, this is Suzie calling with the vehicle service department. We are calling about your vehicle[’s] manufacturer’s warranty. We sent your several notices in the mail that you have yet to extend your warranty pas[t] the factory cut off, and this is a courtesy call to renew your warranty before we close the file.”

The complaint alleges that GQ used an ATDS to send out these messages en masse to consumers, “using an autodial function regardless of whether these individuals had provided express written consent or had registered their phone numbers on the National Do Not Call Registry.”

Two classes have been defined for this action:

• The Robocall Class is all persons in the US who, between June 27, 2018 and June 27, 2022, received a call to their number from GQ Solutions or anyone acting on GQ’s behalf, advertising GQ’s products or services, using an artificial or prerecorded voice or similar dialing system as the one used to call the plaintiff in this case, without the person’s prior express written consent, in violation of the TCPA.
• The Do Not Call Registry Class is all persons in the US who, from June 27, 2018 on, (1) were called by or on behalf of GQ Solutions (2) more than once in any twelve-month period, (3) where the person’s telephone number had been listed on the National Do Not Call Registry for at least thirty days, (4) for the purpose of selling GQ’s products and services, and (5) for whom GQ claims either that it did not obtain prior express written consent or that it obtained prior express written consent in the same way it supposedly obtained prior express written consent to call the plaintiff in this case.

Article Type: Lawsuit
Topic: Privacy
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Telephone Calls, Use of Automatic-Capable Dialer, Use of artificial or pre-recorded voice