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MobileHelp Robo-Call and Text Message TCPA Class Action

The complaint for this class action alleges that MobileHelp sent telemarketing calls and text messages to consumers’ cell phones—and continued to do so, after being asked to stop—in violation of the Telephone Consumer Protection Act (TCPA).

According to the complaint, plaintiff David Van Elzen received the first text, promoting a medical alert system, on July 28, 2017, then thirteen minutes later received a call with a pre-recorded voice. Van Elzen waited to be connected to a live person, then asked to be removed from their contact list. But the company continued to text Van Elzen, the complaint says, and the messages it reproduces seem even pushier than usual:

 “David, we want to help find the right medical alert system. Will you have time at lunch to talk about our FDA registered medical alert systems? Call us!”

 “We can help you get emergency medical monitoring in and out of the house. Is now a good time for a call about options for a medical alert system?”

 “I’ve been trying to connect you with a consultant to help you with an emergency medical monitoring system. Can you callback today so we can get started?”

The TCPA forbids companies from making telemarketing calls to consumer cell phones using an automatic dialer or a pre-recorded voice without the prior express written consent of the consumers. It also forbids telemarketing calls to phone numbers on the National Do Not Call Registry and requires companies who do telemarketing to maintain internal Do Not Call lists.

Four classes are proposed for this action:

  • The Prerecorded No Consent Class includes all persons in the US who, during the class period, received a call from MobileHelp or its agents, for marketing purposes, and from whom MobileHelp claims it received prior express written consent in the same manner as from Van Elzen.
  • The Text Message No Consent Class includes all persons in the US who, during the class period, received a text message on their cell phones, from MobileHelp or its agents, for marketing purposes, and from whom MobileHelp claims it received prior express written consent in the same manner as from Van Elzen.
  • The Stop Call Class includes all persons in the US who, during the class period, received a call or text message on their cell phones, from MobileHelp or its agents, for marketing purposes, after the person told MobileHelp they did not want to receive such calls.
  • The Do Not Call Registry Class includes all persons in the US who, during the class period, received a call or text message more than once in a twelve-month period, on cell phones which had been registered on the National Do Not Call Registry for at least thirty days, from MobileHelp or its agents, for marketing purposes, and from whom MobileHelp claims it received prior express written consent in the same manner as from Van Elzen.

The class period runs from August 23, 2013 to the present.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

MobileHelp Robo-Call and Text Message TCPA Complaint

August 23, 2017

The complaint for this class action alleges that MobileHelp sent telemarketing calls and text messages to consumers’ cell phones—and continued to do so, after being asked to stop—in violation of the Telephone Consumer Protection Act (TCPA). According to the complaint, plaintiff David Van Elzen received the first text, promoting a medical alert system, on July 28, 2017, then thirteen minutes later received a call with a pre-recorded voice. Van Elzen waited to be connected to a live person, then asked to be removed from their contact list. But the complaint claims that the company continued to text Van Elzen.

mobilehelp_audodial_complaint.pdf

Case Event History

MobileHelp Robo-Call and Text Message TCPA Complaint

August 23, 2017

The complaint for this class action alleges that MobileHelp sent telemarketing calls and text messages to consumers’ cell phones—and continued to do so, after being asked to stop—in violation of the Telephone Consumer Protection Act (TCPA). According to the complaint, plaintiff David Van Elzen received the first text, promoting a medical alert system, on July 28, 2017, then thirteen minutes later received a call with a pre-recorded voice. Van Elzen waited to be connected to a live person, then asked to be removed from their contact list. But the complaint claims that the company continued to text Van Elzen.

mobilehelp_audodial_complaint.pdf
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls, Unsolicited Text Messages