JP Marketing Calls to Numbers on Do Not Call List Class Action

The complaint for this class action alleges that ASAP Marketing, Inc., which does business as JP Marketing, has violated the Telephone Consumer Protection Act (TCPA). The TCPA, which is meant to protect consumers from unwanted telemarketing, established a National Do Not Call Registry on which consumers could place their telephone numbers if they did not wish to receive telemarketing there. The complaint alleges that the company nevertheless makes telemarketing calls to numbers on Registry.

Plaintiff Jackie Winters put her home telephone number on the National Do Not Call Registry on or about Jul 2, 2003.

Nevertheless, around February 2019, she received a call at that number attempting to get her to use JP Marketing’s services. The complaint alleges that Winters “has received numerous solicitation calls from [JP Marketing] within a twelve-month period.”

According to the complaint, she did not have an established business relationship with the company, nor had she given it her prior express written consent to contact her with telemarketing calls. In fact, when she asked, during one call, where the company had gotten her number from, she was told it was through Lending Tree. Winters also does not have an established business relationship with Lending Tree and that company has no right to give out her number.

On one of the early calls she received, the complaint says that Winters “requested for [JP Marketing] to stop calling” her, “thus revoking any prior express consent that had existed and terminating any established business relationship that might have existed. Despite this, the company continued to call her.

Two classes have been defined for this action.

The DNC Class for this action is

  • All persons in the US
  • Whose telephone numbers have been registered on the National Do Not Call Registry for at least thirty days,
  • Who did not have a prior established business relationship with JP Marketing and had not given JP Marketing prior express consent
  • Who received more than one call within any twelve-month period made by or on behalf of JP Marketing that promoted the company’s products or services,
  • Between December 27, 2015 and December 27, 2019.

The DNC Revocation Class is

  • All persons in the US
  • Whose telephone numbers have been registered on the National Do Not Call Registry for at least thirty days,
  • Who received more than one call within any twelve-month period made by or on behalf of JP Marketing that promoted the company’s products or services,
  • After that person had revoked any prior established business relationship or consent to receive calls,
  • Between December 27, 2015 and December 27, 2019.
Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

JP Marketing Calls to Numbers on Do Not Call List Complaint

December 27, 2019

The complaint for this class action alleges that ASAP Marketing, Inc., which does business as JP Marketing, has violated the Telephone Consumer Protection Act (TCPA). The TCPA, which is meant to protect consumers from unwanted telemarketing, established a National Do Not Call Registry on which consumers could place their telephone numbers if they did not wish to receive telemarketing there. The complaint alleges that the company nevertheless makes telemarketing calls to numbers on Registry.

jp_marketing_tcpa_complaint.pdf

Case Event History

JP Marketing Calls to Numbers on Do Not Call List Complaint

December 27, 2019

The complaint for this class action alleges that ASAP Marketing, Inc., which does business as JP Marketing, has violated the Telephone Consumer Protection Act (TCPA). The TCPA, which is meant to protect consumers from unwanted telemarketing, established a National Do Not Call Registry on which consumers could place their telephone numbers if they did not wish to receive telemarketing there. The complaint alleges that the company nevertheless makes telemarketing calls to numbers on Registry.

jp_marketing_tcpa_complaint.pdf
Tags: Called Number on Do Not Call Registry, Failure to stop calling faxing or texting when requested, TCPA