Tranzvia Telemarketer-Agent Responsibility TCPA Class Action

The complaint for this class action alleges that Tranzvia violated the Telephone Consumer Protection Act (TCPA) through unwanted telemarketing calls to a cell phone—even though the calls were placed not by Tranzvia but by a third party acting on its behalf.

Two classes have been identified for this action. The Cellular Telephone Class includes all persons to whom

  • Tranzvia or a third party acting on its behalf made one or more non-emergency calls
  • Promoting Transvia’s good or services
  • To their cell phone numbers
  • Through use of an automatic dialing system or artificial or pre-recorded voice
  • At any time from August 18, 2013 through the date of trial.

The Residential Telephone Class includes all persons to whom

  • Tranzvia or a third party acting on its behalf made one or more non-emergency calls
  • Promoting Transvia’s good or services
  • To their residential phone numbers
  • Through use of an automatic dialing system or artificial or pre-recorded voice
  • At any time from August 18, 2013 through the date of trial.

The TCPA forbids non-emergency calls to cell phones made using an automatic dialing system or artificial or pre-recorded voice, without the cell phone owner’s prior express consent.

Companies are responsible for the TCPA violations of telemarketing calls made on their behalf by other parties. In a 2013 Declaratory Ruling, the Federal Communications Commission confirmed this, saying, “[A]llowing the seller to avoid potential liability by outsourcing its telemarketing activities to unsupervised third parties would leave consumers in many cases without an effective remedy for telemarketing intrusions. This would particularly be so if the telemarketers were judgment proof, unidentifiable, or located outside the United States…” It pointed out that companies may have thousands of independent marketers making their calls and that pursuing each one would make enforcement of the law expensive and inefficient.

Tranzvia, a company that offers payment technologies for businesses, hired Gordon Rose to market its services. Rose owns a telemarketing company, and in June 2017, plaintiff Sidney Naiman alleges that he received a telemarketing call on his cell phone, from Rose’s office, and later another from a different number on his residential line, both trying to sell Tranzvia’s services, both made with automatic dialing systems and pre-recorded voices. Naiman had never given his consent to such calls nor did he have any prior relationship with Tranzvia.

In Cunningham v. Tranzvia, LLC, No. 16-cv-00905-ALM (E.D. Tex. Nov. 26, 2016), Tranzvia was sued for TCPA violations allegedly related to Rose’s behavior—months before the calls to Naiman—yet the complaint alleges that the company continued to use Rose as a telemarketer until August 2017. The complaint claims that this constitutes an endorsement of Rose’s methods and further points to Tranzvia’s responsibility for the TCPA violations in the calls to Naiman.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Tranzvia Telemarketer-Agent Responsibility TCPA Complaint

August 18, 2017

The complaint for this class action alleges that Tranzvia violated the Telephone Consumer Protection Act (TCPA) through unwanted telemarketing calls to a cell phone—even though the calls were placed not by Tranzvia but by a third party acting on its behalf. Companies are responsible for the TCPA violations of telemarketing calls made on their behalf by other parties.

tranza_tcpa_complaint.pdf

Case Event History

Tranzvia Telemarketer-Agent Responsibility TCPA Complaint

August 18, 2017

The complaint for this class action alleges that Tranzvia violated the Telephone Consumer Protection Act (TCPA) through unwanted telemarketing calls to a cell phone—even though the calls were placed not by Tranzvia but by a third party acting on its behalf. Companies are responsible for the TCPA violations of telemarketing calls made on their behalf by other parties.

tranza_tcpa_complaint.pdf
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer