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Morgan & Morgan Law Firm Telemarketing to DNC Numbers TCPA Class Action

The Telephone Consumer Protection Act (TCPA) attempts to protect ordinary people from telemarketing and other unwanted, bothersome calls from businesses. The complaint for this class action alleges that Morgan & Morgan Mass Tort Litigation Group, PLLC violated the TCPA when it placed calls to consumer cell phones without having the consumers’ permission to receive such calls.

Among the provisions of the TCPA, two are relevant to this case.

First, businesses may not call consumer cell phone numbers for non-emergency purposes, using automatic telephone dialing systems (ATDSs) or artificial or prerecorded voices, unless they have consumers’ prior express written consent to receive such calls.

Second, the TCPA established a National Do Not Call (DNC) Registry, where consumers may list their numbers to request that telemarketers not call them. Telemarketers are supposed to scrub their call lists of all numbers on the DNC Registry before they begin making telemarketing calls.

Morgan & Morgan placed its first call to plaintiff Lala Sloatman’s cell phone in or around November 2020. The purpose of the call was to get Sloatman to engage Morgan & Morgan’s services.

The complaint alleges that the firm used an ATDS to make its calls to Sloatman and that the calls were placed from a number that belongs to Morgan & Morgan.

Sloatman had placed her number on the Nation DNC Registry on or around December 3, 2019—in other words, around a year before the firm made its calls to her.

The complaint alleges that the calls were telephone solicitation calls because they were made for the purpose of getting Sloatman to use the firm’s services. According to the complaint, Morgan & Morgan “failed to establish and implement reasonable practices and procedures to effectively prevent telephone solicitations in violation of regulations prescribed under” the TCPA.

Two classes have been defined for this action.

  • The ATDS Class is all persons in the US who received any solicitation or telemarketing calls from anyone with Morgan & Morgan to that person’s cell phone, between November 23, 2016 and November 23, 2020, where the call was made through the use of an automatic dialing system or an artificial or prerecorded voice, and where the person had not previously consented to receive such calls.
  • The DNC Class is all persons in the US whose number have been registered on the National Do Not Call Registry for at least thirty days, and who had not previously given Morgan & Morgan prior express consent to call them, and who had no prior established business relationship with the firm, who received more than one call promoting the firm’s services within any twelve-month period, between November 23, 2016 and November 23, 2020.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Morgan & Morgan Law Firm Unwanted Calls to Cell Phones TCPA Complaint

November 23, 2020

The Telephone Consumer Protection Act (TCPA) attempts to protect ordinary people from telemarketing and other unwanted, bothersome calls from businesses. The complaint for this class action alleges that Morgan & Morgan Mass Tort Litigation Group, PLLC violated the TCPA when it placed calls to consumer cell phones without having the consumers’ permission to receive such calls.

Morgan & Morgan Law Firm Unwanted Calls to Cell Phones TCPA Complaint

Case Event History

Morgan & Morgan Law Firm Unwanted Calls to Cell Phones TCPA Complaint

November 23, 2020

The Telephone Consumer Protection Act (TCPA) attempts to protect ordinary people from telemarketing and other unwanted, bothersome calls from businesses. The complaint for this class action alleges that Morgan & Morgan Mass Tort Litigation Group, PLLC violated the TCPA when it placed calls to consumer cell phones without having the consumers’ permission to receive such calls.

Morgan & Morgan Law Firm Unwanted Calls to Cell Phones TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer