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Online Information Services TCPA Class Action Lawsuit

The Telephone Consumer Protection Act (TCPA) was enacted by Congress due to the widespread concern over the invasion of privacy caused by automatic and prerecorded phone calls.  This lawsuit claims that Online Information Services, Inc. has been routinely dialing the cellular telephone lines of individuals using an artificial or prerecorded voice while attempting to collect alleged debts in violation of the TCPA.

            One plaintiff in this case purchased a cell phone service plan for his daughter in case of an emergency.  On May 6, 2015, Online Information began placing calls to his daughter’s phone to collect an alleged debt that was in default.  His daughter did not answer the phone, so they left a message saying, “Hello, this is a message from Online Information Services. This communication is an attempt to collect a debt by a debt collector. Any information obtained will be used for that purpose. Please call 800-765-5794. Once again that number is 800-765-5794.”  Additional calls were placed at least three times on June 12, 2015 and June 26, 2015.  The plaintiff’s daughter had a voicemail answering system that clearly showed that she was too young to be holding any debt that needed professional collection.  In fact, she was only 10 years old at the time.  If there was a human making the call for Online Information Services, he or she would most likely have realized that the girl would not have been in debt.

            The TCPA makes it unlawful for any person to make any call using any automatic telephone dialing system or an artificial voice to any telephone number assigned to a cellular telephone services without prior express consent or in an emergency situation.  To any reasonable person, debt collection is not an emergency situation.  If it were an emergency situation, Online Information Services would have likely used a real person to call.  Online Information Services did not have prior express consent to contact the plaintiff.  They had knowledge that they were using an automatic telephone dialing system and their records likely show records of the calls to the plaintiff as well as additional violations to other cell phone users.

            Based on the facts of the case, the plaintiffs allege that Online Information Services, Inc. violated the TCPA by using an automatic dialer to place artificial calls to cellular phone numbers.

Article Type: Lawsuit
Topic: Consumer
No case events.
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer, Your Privacy