Even a single unwanted telemarketing call can be a violation of the Telephone Consumer Protection Act (TCPA), says the complaint for this class action. It alleges that Texlark Exploration Co., Inc., an oil and natural gas company, placed unlawful calls to consumer cell phones without first receiving the consumers’ prior express written consent.
The class for this action is all persons in the US who received any telephone calls from Texlark to their cell phones, which were made with an automatic telephone dialing system or an artificial or prerecorded voice, where the person had not previously consented to receive such calls, between October 23, 2017 and October 23, 2021.
The plaintiff in this case, Terry Fabricant, received a call on his cell phone on August 22, 2018 from Texlark, which was calling him to offer or sell its services. The complaint mentions only the one call.
The TCPA, which was passed in 1991, aims to protect consumers from unwanted telemarketing calls. It prohibits businesses from placing non-emergency calls to consumer cells phone, using an automatic telephone dialing system or an artificial or prerecorded voice, unless they have the consumers’ prior express written consent to receive such calls.
The complaint alleges that Texlark’s call was not made for emergency purposes. It claims the call was placed by an automatic telephone dialing system.
The complaint says, “[Fabricant] is not a customer of [Texlark’s] services and has never provided any personal information, including his cellular telephone numbers, to [Texlark] for any purpose whatsoever.”
According to the complaint, Fabricant was also listed on the National Do Not Call Registry for at least thirty days before Texlark contacted him. Also, the complaint alleges, Texlark “never received [Fabricant’s] ‘prior express consent’ to receive calls using an automatic telephone dialing system or an artificial or prerecorded voice on [his] cellular telephone” as required by the TCPA.
Such illegal calls, the complaint claims, harms the recipients (the members of the class in this case) because it causes them “to incur certain charges or reduced telephone time for which [Fabricant] and Class members had previously paid by having to retrieve or administer messages left by [Texlark] during those illegal calls, and invad[e] [their] privacy…”
The causes of action are (1) negligent violations of the TCPA, and (2) knowing or willful violations of the TCPA. For negligent violation of the law, the complaint requests $500 in statutory damages; for knowing or willful violation of the law, the complaint requests $1,500 in statutory damages. The complaint also requests “[a]ny and all other relief the Court deems just and proper.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Texlark Exploration Unwanted Telemarketing Calls TCPA Complaint
October 23, 2021
Even a single unwanted telemarketing call can be a violation of the Telephone Consumer Protection Act (TCPA), says the complaint for this class action. It alleges that Texlark Exploration Co., Inc., an oil and natural gas company, placed unlawful calls to consumer cell phones without first receiving the consumers’ prior express written consent.
Texlark Exploration Unwanted Telemarketing Calls TCPA ComplaintCase Event History
Texlark Exploration Unwanted Telemarketing Calls TCPA Complaint
October 23, 2021
Even a single unwanted telemarketing call can be a violation of the Telephone Consumer Protection Act (TCPA), says the complaint for this class action. It alleges that Texlark Exploration Co., Inc., an oil and natural gas company, placed unlawful calls to consumer cell phones without first receiving the consumers’ prior express written consent.
Texlark Exploration Unwanted Telemarketing Calls TCPA Complaint