Steel Supplements Unwanted Telemarketing Calls TCPA Class Action

This class action brings suit against Steel Supplements, Inc. for allegedly violating the Telephone Consumer Protection Act (TCPA), a law meant to protect consumers from the annoyance and intrusion of telemarketing calls and to give them some choice about which companies are allowed to contact them. The complaint claims the company, which sells supplements, contacted the plaintiff in this case on his cell phone to market its goods, in ways prohibited by the TCPA.

The TCPA prohibits telemarketers from placing non-emergency calls to consumer cell phones, using an automatic telephone dialing system or an artificial or prerecorded voice, unless they have the prior express written consent of the consumers to receive such calls.

On or around February 9, 2020, plaintiff Drew Moore received a text message from Steel on his cell phone.

The text message read, “Steel Supplements: Welcome! Msg & data rates may apply. Msg frequency is recurring. Reply HELP for help, STOP to cancel.”

The complaint alleges this message was sent using Steel’s SMS Blasting Platform, which the complaint says is an automatic telephone dialing system. The call was not placed for emergency purposes but with the intention to advertise or solicit the purchase of its products.

Moore is not a customer of Steel’s and claims he has never given the company any personal information, including his telephone number. He says the company did not at any time have his prior express written consent to call him on his cell phone using an automatic telephone dialing system.

According to the complaint, the call was illegally placed, caused Moore to incur charges, and invaded his privacy.

The complaint alleges both (1) negligent and (2) knowing or willful violations of the TCPA. Statutory damages for negligent violations of the TCPA are up to $500 per call. Knowing or willful violations of the TCPA carry statutory damages of up to $1,500 per call. The complaint asks for these damages and for “[a]ny and all other relief that the Court deems just and proper.”

The class for this action is all persons in the US who received a solicitation or telemarketing call from Steel Supplements on their cell phone which was made via an automatic telephone dialing system or an artificial or prerecorded voice, between December 28, 2016 and the date the class in this case is certified, where the persons had not previously given Steel consent to receive such calls, or where the persons had revoked the consent.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Steel Supplements Unwanted Telemarketing Calls TCPA Complaint

December 28, 2020

This class action brings suit against Steel Supplements, Inc. for allegedly violating the Telephone Consumer Protection Act (TCPA), a law meant to protect consumers from the annoyance and intrusion of telemarketing calls and to give them some choice about which companies are allowed to contact them. The complaint claims the company, which sells supplements, contacted the plaintiff in this case on his cell phone to market its goods, in ways prohibited by the TCPA.

Steel Supplements Unwanted Telemarketing Calls TCPA Complaint

Case Event History

Steel Supplements Unwanted Telemarketing Calls TCPA Complaint

December 28, 2020

This class action brings suit against Steel Supplements, Inc. for allegedly violating the Telephone Consumer Protection Act (TCPA), a law meant to protect consumers from the annoyance and intrusion of telemarketing calls and to give them some choice about which companies are allowed to contact them. The complaint claims the company, which sells supplements, contacted the plaintiff in this case on his cell phone to market its goods, in ways prohibited by the TCPA.

Steel Supplements Unwanted Telemarketing Calls TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer