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Royal Seas Cruises TCPA and Cell Phone Call Recording Class Action

This complaint claims that Royal Seas Cruises, Inc. violated both the federal Telephone Consumer Protection Act (TCPA) and the California Invasion of Privacy Act (CIPA) in  placing and recording calls to the plaintiff’s cell phone.

This class action has named two classes. The ATDS class includes all persons in the US who received on their cell phones, without consent, telemarketing or solicitation calls from Royal Seas Cruises that were placed using an automatic telephone dialing system or a prerecorded voice, between June 7, 2013 and June 7, 2017. The CIPA class includes all persons in California whose inbound or outbound telephone conversations were recorded, without notification or consent, by Royal Seas Cruises or its agents, between June 7, 2016 and June 7, 2017.

The TCPA is a federal law enacted to protect consumers from abuse by telemarketers, generators of junk faxes, and senders of promotional text messages. Cell phones are particularly protected, because recipients are charged for incoming calls and texts as well as outgoing ones. Among the things the TCPA forbids is the making of advertising calls to cell phones, without the consent of the recipcient, using an automatic dialing system or a pre-recorded or automated voice.

In or around May 2017, the complaint alleges, Royal Seas Cruises contacted plaintiff Dan DeForest via his cell phone, attempting to solicit is use of its services. The complaint claims that the company enlisted an entity called Helping Hands to generate leads and place calls for the company, and that Helping Hands placed the calls using pre-recorded voice messages and an automatic dialing system. If someone such as DeForest would answer, Helping Hands would transfer the call to Royal Seas Cruises.

The complaint also claims that Royal Seas Cruises uses “web-scraping” tools to pull phone numbers from public sources, compile them into lists, and autodial them for purposes of solicitation. It further alleges that Royal Seas Cruises does not screen any of these numbers to remove those that belong to cell phones or that are on the Do Not Call List. In fact, it says, DeForest received numerous calls from the company on his cell phone, violating the TCPA each time.

Besides the TCPA violations, the complaint alleges that Royal Seas Cruises recorded the calls with DeForest without his knowledge or consent, violating the state privacy law known as CIPA.

Californians like DeForest have a constitutional right to privacy, and the California Supreme Court has linked this right to the protections of a law called CIPA. CIPA forbids one party to a telephone call from intentionally recording a call without the knowledge or consent of the other party, while that other party is on a cell phone. Any recording done without the consent of the party on a cell phone is a violation of the act; CIPA does not require that the conversation be confidential. Thus, if Royal Seas Cruises recorded calls with DeForest, the company is in violation of CIPA as well. 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Royal Seas Cruises TCPA and Cell Phone Call Recording Complaint

June 7, 2017

Th complaint for this class action claims that Royal Seas Cruises, Inc. violated the federal Telephone Consumer Protection Act (TCPA) in placing telemarketing calls to the plaintiff’s cell phone and violated the California Invasion of Privacy Act (CIPA) by recording the calls. 

royal_seas_tcpa_complaint.pdf

Case Event History

Royal Seas Cruises TCPA and Cell Phone Call Recording Complaint

June 7, 2017

Th complaint for this class action claims that Royal Seas Cruises, Inc. violated the federal Telephone Consumer Protection Act (TCPA) in placing telemarketing calls to the plaintiff’s cell phone and violated the California Invasion of Privacy Act (CIPA) by recording the calls. 

royal_seas_tcpa_complaint.pdf
Tags: Recording Calls Without Consent, TCPA, Unsolicited Cell Phone Calls, Your Privacy