NRA Unwanted Membership Solicitation TCPA Class Action

The Telephone Consumer Protection Act (TCPA) provides a couple of different ways to protect consumers from unwanted telemarketing. These include limitations on the use of automatic telephone dialing systems (ATDSs) and a National Do Not Call Registry. The complaint for this class action says that the National Rifle Association of America (NRA) and InfoCision, Inc. have violated provisions relating to both.

InfoCision makes calls on behalf of the NRA, asking consumers to sign up for memberships in the NRA.

Plaintiff Travis McEwen registered his cell phone number with the National Do Not Call Registry in 2003, because he did not want to receive unsolicited telemarketing calls. While he was previously a member of the NRA, he allowed his membership to expire in 2018 and chose not to renew it.

However, after it expired, the complaint says, he “received multiple calls every week for several months from [the NRA or InfoCision] asking him to rejoin the NRA.” While he answered at least one of those calls and said he was not interested and did not want any more calls, the complaint says, “the calls continued.”

In November 2018, he answered another of the calls and learned that the NRA had an internal Do Not Call list. The complaint claims he asked to be placed on this list. For about a year, he received no more calls.

The calls began again in November 2019, coming in several times a week. At first, McEwen ignored them. However, in March 2020, he answered one of the calls.

After an “abnormally long pause” then what he believed was a prerecorded voice, he was connected to a live person.

The person tried to persuade him to buy an NRA membership. McEwan asked for contact information for the two companies. The representative gave it to him but told him he could not sue because the NRA was a “nonprofit.”

The complaint alleges that this is not true. While the NRA does have a nonprofit associated with it, the nonprofit does not request or collect money for memberships.

A class and a subclass have been defined for this action:

  • The National ATDS Class is all persons in the US who received a non-emergency phone call from the NRA or InfoCision made through the use of an automatic telephone dialing system or prerecorded voice, who did not provide prior express consent to receive such calls, at any time between May 5, 2016 and the date of trial in this case.
  • The National Do Not Call Subclass is all persons in the US who were on the National Do Not Call Registry and received more than one solicitation call from the NRA or InfoCision in any twelve-month period, from May 5, 2016 to the date of trial in this case.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

NRA Unwanted Membership Solicitation TCPA Complaint

May 5, 2020

The Telephone Consumer Protection Act (TCPA) provides a couple of different ways to protect consumers from unwanted telemarketing. These include limitations on the use of automatic telephone dialing systems (ATDSs) and a National Do Not Call Registry. The complaint for this class action says that the National Rifle Association of America (NRA) and InfoCision, Inc. have violated provisions relating to both.

NRA Unwanted Membership Solicitation TCPA Complaint

Case Event History

NRA Unwanted Membership Solicitation TCPA Complaint

May 5, 2020

The Telephone Consumer Protection Act (TCPA) provides a couple of different ways to protect consumers from unwanted telemarketing. These include limitations on the use of automatic telephone dialing systems (ATDSs) and a National Do Not Call Registry. The complaint for this class action says that the National Rifle Association of America (NRA) and InfoCision, Inc. have violated provisions relating to both.

NRA Unwanted Membership Solicitation TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Telephone Calls