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Pepsi Prerecorded Voice Telemarketing Calls TCPA Class Action

This class action brings suit against PepsiCo, Inc. and Quail Mountain Coffee & Vending, which does business as Pepsi-Cola Bottling (PCB), claiming that the companies have violated the Telephone Consumer Protection Act (TCPA). The complaint alleges that the companies have done this by making unsolicited telemarketing calls using an artificial or prerecorded voice.

The class for this action is all persons in the US who (1) received a telephone call on their landlines or cell phones (2) that was made by or on behalf of PepsiCo or PCB, (3) between February 18, 2018 and the date the class notice is disseminated in this case.

Congress passed the TCPA in 1991, finding that “automated and prerecorded calls are a nuisance and an invasion of privacy, regardless of the type of call,” and that “banning” businesses from making such calls without consent was “the only effective means of protecting telephone consumers from the nuisance and privacy invasion.”

The complaint quotes the law as saying that it is unlawful for anyone “to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party,” if either the caller or called party is located in the US.

While some companies may employ others to make their telemarketing calls for them, the complaint quotes the rules and regulations for the TCPA as “generally establish[ing] that the party on whose behalf a solicitation is made bears ultimate responsibility for any violations.”

The Federal Communications Commission (FCC) has also said that “a seller … may be held vicariously liable under federal common law principles of agency for violations … that are committed by third-party telemarketers.”

The plaintiff in this case, Joshua Epps, owns a cell phone on which he claims he received “numerous” telemarketing calls from PepsiCo or PCB, including one on February 9, 2022. The complaint alleges, “When Mr. Epps answered these calls, he heard a recording saying it was Pepsi calling and then the recorded voice asked whether he would like to restock his supply of Pepsi products.”

Epps says he never gave the companies permission to call him using an artificial or prerecorded voice, and the complaint terms the calls “a nuisance and an invasion of his privacy.”

The complaint alleges, “PCB placed each of these calls at the direction and on behalf of PepsiCo, while acting as its agent. At all relevant times, PCB was acting with PepsiCo’s permission, knowledge and control. PCB made all of the calls at issue for the benfit of PepsiCo.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Pepsi Prerecorded Voice Telemarketing Calls TCPA Complaint

February 18, 2022

This class action brings suit against PepsiCo, Inc. and Quail Mountain Coffee & Vending, which does business as Pepsi-Cola Bottling (PCB), claiming that the companies have violated the Telephone Consumer Protection Act (TCPA). The complaint alleges that the companies have done this by making unsolicited telemarketing calls using an artificial or prerecorded voice.

Pepsi Prerecorded Voice Telemarketing Calls TCPA Complaint

Case Event History

Pepsi Prerecorded Voice Telemarketing Calls TCPA Complaint

February 18, 2022

This class action brings suit against PepsiCo, Inc. and Quail Mountain Coffee & Vending, which does business as Pepsi-Cola Bottling (PCB), claiming that the companies have violated the Telephone Consumer Protection Act (TCPA). The complaint alleges that the companies have done this by making unsolicited telemarketing calls using an artificial or prerecorded voice.

Pepsi Prerecorded Voice Telemarketing Calls TCPA Complaint
Tags: TCPA, Unsolicited Telephone Calls, Use of artificial or pre-recorded voice, Your Privacy