Travel Resorts of America Cell Calls on Camping Membership TCPA Class Action

Travel Resorts of America, Inc. has a “membership-based camping service.” According to the complaint for this class action, it markets that service by telemarketing. The complaint alleges that in sending unsolicited, prerecorded calls to consumers, the company has violated the Telephone Consumer Protection Act (TCPA).

The complaint quotes a 2012 case’s findings as saying, “Voluminous consumer complaints about abuses of telephone technology—for example, computerized calls dispatched to private homes—prompted Congress to pass the TCPA.”

In turn, Congress found that “[b]anning such automated or prerecorded telephone calls to the home, except when the receiving party consents to receiving the call or when such calls are necessary in an emergency situation affecting the health and safety of the consumer, is the only effective means of protecting telephone consumers from this nuisance and privacy invasion.”

The TCPA did in fact ban the making of telemarketing calls to consumer cell phones using an automatic dialing system or an artificial or prerecorded voice, unless the telemarketer had the consumer’s prior express written consent.

According to this complaint, that did not stop Travel Resorts from placing calls to plaintiff Ashley Harris’s cell phone. The complaint alleges that the company placed twenty or more calls to Harris’s cell phone between January 29 and March 26, 2020.

The complaint displays a sequence of screens showing the numerous calls. A couple have a “Transcription,” which begins, “Hi this is a gift ___ department at travel resources [sic] America we are trying to reach you to come out and clean [sic] your gifts or for camping…”

The calls each were made with a prerecorded voice, the complaint says; the voicemails left on Harris’s phone purportedly came from the company’s “Gift Department” and asks Harris to call back to claim her “gift” from the company.

The phone number from which the calls were placed connects to another recording, which thanks the person for calling about special camping offers. It then puts the person on hold as it connects with a representative who will tell the person about membership services.

Since the calls placed to Harris were uniform and accomplished by prerecorded voicemails, the complaint alleges that they were sent as part of a telemarketing campaign. It says that Harris had not given the company her prior express written consent to call her cell phone.

The class for this action is all people in the US (1) to whose cell phone (2) Travel Resorts placed a call (3) using an artificial or prerecorded voice, (4) between October 19, 2016 and the date of class certification in this case, and from whom Travel Resorts has no record of the person’s prior express written consent to receive such calls.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Travel Resorts of America Cell Calls on Camping Membership TCPA Complaint

October 19, 2020

Travel Resorts of America, Inc. has a “membership-based camping service.” According to the complaint for this class action, it markets that service by telemarketing. The complaint alleges that in sending unsolicited, prerecorded calls to consumers, the company has violated the Telephone Consumer Protection Act (TCPA).

Travel Resorts of America Cell Calls on Camping Membership TCPA Complaint

Case Event History

Travel Resorts of America Cell Calls on Camping Membership TCPA Complaint

October 19, 2020

Travel Resorts of America, Inc. has a “membership-based camping service.” According to the complaint for this class action, it markets that service by telemarketing. The complaint alleges that in sending unsolicited, prerecorded calls to consumers, the company has violated the Telephone Consumer Protection Act (TCPA).

Travel Resorts of America Cell Calls on Camping Membership TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of artificial or pre-recorded voice