Heavy Hammer, Qazzoo Telemarketing Cell Phone Calls TCPA Class Action

Despite the fact that the Telephone Consumer Protection Act (TCPA) has been in effect for more than twenty-five years, lawsuits alleging violations continue to proliferate. This class action alleges that Heavy Hammer, Inc. and its subsidiary Qazzooo, LLC violated the law when they placed calls to consumer cell phones through automated means.

The class for this action is all persons in the US who received any calls on their cell phones from Heavy Hammer or Qazzoo, or their agents or employees, where the calls were not for emergency purposes and made with an automatic telephone dialing system or an artificial or prerecorded voice, without the persons’ consent, between February 7, 2016 and February 7, 2020.

The TCPA has particular provisions relating to calls placed to consumer cell phones, because cell phone owners typically have to pay for incoming as well as outgoing calls. This leaves consumers to pay a portion of advertisers costs.

Under the TCPA, telemarketers are not permitted to make non-emergency phone calls to consumer cell phones using automatic dialing systems or artificial or prerecorded voices unless they have the consumers’ prior express written consent. In this context, the word “calls” includes not just regular voice calls but also voicemails and text messages. 

Unfortunately, the complaint alleges, Heavy Hammer and Qazzoo choose to advertise their services in violation of these provisions.

Plaintiff Don Hildre claimes he received a call from the companies on his cell phone on or about June 15, 2019. The callers identified themselves as Qazzoo. Hildre asked them to take his number off their call list and to stop calling him. 

However, the complaint says that on or about December 3, 2019, Hildre once again received a call from the companies on his cell phone. Again, the callers identified themselves as Qazzoo. The representative on the call said he was not aware that Qazzoo had previously called Hildre.

The complaint alleges that the companies “called [Hildre’s] cellular telephone multiple times in an effort to convince [Hildre] to market, purchase, or sell real property” through their site and services. In addition to the first two calls, it says, the companies tried to contact Hildre several more times.

According to the complaint, each time Hildre picked up, “there was a noticeable pause prior to the telemarketer coming onto the line.” The complaint takes this as an indication that the calls were placed through an automatic dialing system. The complaint also alleges that the companies spoof its numbers on the calls, so that they can’t be traced or used to prove the identity of the callers.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Heavy Hammer, Qazzoo Telemarketing Cell Phone Calls TCPA Complaint

February 7, 2020

Despite the fact that the Telephone Consumer Protection Act (TCPA) has been in effect for more than twenty-five years, lawsuits alleging violations continue to proliferate. This class action alleges that Heavy Hammer, Inc. and its subsidiary Qazzoo, LLC violated the law when they placed calls to consumer cell phones through automated means.

Heavy Hammer, Qazzoo Telemarketing Cell Phone Calls TCPA Complaint

Case Event History

Heavy Hammer, Qazzoo Telemarketing Cell Phone Calls TCPA Complaint

February 7, 2020

Despite the fact that the Telephone Consumer Protection Act (TCPA) has been in effect for more than twenty-five years, lawsuits alleging violations continue to proliferate. This class action alleges that Heavy Hammer, Inc. and its subsidiary Qazzoo, LLC violated the law when they placed calls to consumer cell phones through automated means.

Heavy Hammer, Qazzoo Telemarketing Cell Phone Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer