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WPA Intelligence Unwanted Cell Phone Robocalls TCPA Class Action

WPA Intelligence provides research services, which apparently have never included researching the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that the company placed telemarketing calls in violation of that law.

The class for this action is

  • All persons in the US
  • To whose cell phone number WPA made one or more non-emergency calls,
  • Using an automated telephone dialing system or an artificial or pre-recorded voice,
  • Between November 7, 2013 and the trial of this case.

The TCPA was designed to spare consumers from the increasing barrage of telemarketing robocalls brought about by new technology such as automatic dialing systems and pre-recorded voices. The law specifically forbids such calls to consumer cell phones, since cell phone owners typically pay for incoming as well as outgoing calls.

A company which wants to make such calls to a consumer must first obtain the consumer’s prior express written consent. The law states that the consent must be signed, that the consumer must have received “clear and conspicuous disclosure” of what consent entailed, and that the written consent must be obtained “without requiring, directly or indirectly, that the agreement be executed as a condition of purchasing any good or service.

When plaintiff Diana Mey received a telemarketing call from WPA on her cell phone, on June 1, 2017, she had never provided that consent, nor had she ever given her number to WPA. Moreover, the phone had been entered on the National Do Not Call Registry.

Several things indicated that an automatic dialing system had been used for the call, the complaint alleges, for example, the telltale click and pause after Mey answered. Also, the complaint claims that the representative who answered the call admitted to Mey that the call had been made with an automatic dialing system. Finally, the geographic distance between Mey and WPA indicates that the call was part of a wider telemarketing campaign.

The complaint therefore alleges that the call was made in violation of the TCPA, and that the violation was negligent, willful, or knowing. 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

WPA Intelligence Unwanted Cell Phone Robocalls TCPA Complaint

November 7, 2017

WPA Intelligence provides research services, which apparently have never included researching the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that the company placed telemarketing calls in violation of that law. When plaintiff Diana Mey received a telemarketing call from WPA on her cell phone, she had never provided consent to receive such calls. Several things indicated that an automatic dialing system had been used for the call, the complaint alleges, and therefore the call was made in violation of the TCPA. 

wpa_intelligence_tcpa_complaint.pdf

Case Event History

WPA Intelligence Unwanted Cell Phone Robocalls TCPA Complaint

November 7, 2017

WPA Intelligence provides research services, which apparently have never included researching the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that the company placed telemarketing calls in violation of that law. When plaintiff Diana Mey received a telemarketing call from WPA on her cell phone, she had never provided consent to receive such calls. Several things indicated that an automatic dialing system had been used for the call, the complaint alleges, and therefore the call was made in violation of the TCPA. 

wpa_intelligence_tcpa_complaint.pdf
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer