When Congress passed the Telephone Consumer Protection Act (TCPA) in 1991, telemarketers were calling more than 18 million Americans per day. According to this complaint, by 2003 and despite the law, telemarketers are calling 104 million Americans every day. The complaint opens a class action alleging that Open World, Inc. sends telemarketing text messages to promote the events it runs, such as Minefaire, in violation of the TCPA.
The TCPA makes it unlawful “to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or rerecorded voice … to any telephone number assigned to a … cellular telephone service.” Telemarketing calls to wireless numbers and residential lines require “prior express written consent.”
Among the events Open World produces is Minefaire, for the Minecraft community. Visitors to the Minefaire website are offered a change to buy Minefaire tickets. If the tickets are not yet available, the website invites visitors to click a “Presale Access!” button. From there, the visitor is asked to provide a cell phone number for an “invitation” to “Early Bird Ticket Access.
However, the complaint says that those who do provide their cell phone numbers receive “numerous autodialed text messages” from Open World.
According to the complaint, the request for visitors to leave their numbers does not meet the requirements of the TCPA for “prior express written consent” to receive telemarketing calls or messages.
The complaint quotes the law as stating that, before it sends telemarketing texts, it must obtain “an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice…”
That’s not all. “The written agreement shall include a clear and conspicuous disclosure informing the person signing that (A) By executing the agreement, such person authorizes the seller to deliver or cause to be delivered … telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice…” The complaint alleges that the “Presale Access!” area where visitors are asked for their phone numbers does not meet these requirements.
Four classes have been proposed for this action:
- An Autodialed No Consent Class
- An Autodialed Stop Class
- A Stop Text Do Not Call Class
- An Internal Do Not Call Class.
For more details on the composition of these classes, see page 11 of the complaint at the link below.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Open World Minefaire Unwanted Text Messages TCPA Complaint
March 24, 2020
When Congress passed the Telephone Consumer Protection Act (TCPA) in 1991, telemarketers were calling more than 18 million Americans per day. According to this complaint, by 2003 and despite the law, telemarketers are calling 104 million Americans every day. The complaint opens a class action alleging that Open World, Inc. sends telemarketing text messages to promote the events it runs, such as Minefaire, in violation of the TCPA.
Open World Minefaire Unwanted Text Messages TCPA ComplaintCase Event History
Open World Minefaire Unwanted Text Messages TCPA Complaint
March 24, 2020
When Congress passed the Telephone Consumer Protection Act (TCPA) in 1991, telemarketers were calling more than 18 million Americans per day. According to this complaint, by 2003 and despite the law, telemarketers are calling 104 million Americans every day. The complaint opens a class action alleging that Open World, Inc. sends telemarketing text messages to promote the events it runs, such as Minefaire, in violation of the TCPA.
Open World Minefaire Unwanted Text Messages TCPA Complaint