Xpress Web Marketing Unwanted Cell Phone Calls TPCA Class Action

Despite the visceral dislike of many consumers for telemarketing calls, many companies still like to use it to try to gain customers. They may do so—if they obey the regulations and limitations in place for telemarketers under the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that Xpress Web Marketing does telemarketing without obeying these regulations and limitations.

The class for this action is

  • All persons in the US
  • Whose cell phone received a solicitation or telemarketing call from Xpress Web Marketing
  • That was made through the use of an automatic telephone dialing system or an artificial or prerecorded voice,
  • Between March 10, 2016 and March 10, 2020,
  • Where the persons had not previously consented to receive such a call.

Congress passed the TCPA in 1991, when the ready availability of telecommunications technology such as automatic dialers and equipment for prerecorded messaging created a tidal wave of telemarketing large enough to outrage consumers. Unfortunately, since the law’s passing, nearly thirty years ago, the problem of these invasions of privacy has only grown, with telemarketers contacting more consumers per day now than in 1991.

Of special concern to Congress were calls to consumer cell phones, because cell phone owners typically pay for incoming as well as outgoing calls. This makes telemarketing messages an expense as well as an annoyance.

As the TCPA stands, telemarketers may not place non-emergency calls to consumer cell phones unless they have the consumers’ prior express written consent to receive such calls.

Nevertheless, the complaint alleges that, beginning in or around March 2019, Xpress Web Marketing contacted plaintiff Diana Hanson on her cell phone. According to the complaint, the calls were an attempt to solicit Hansen’s purchase of the company’s goods or services and came from a number that has been confirmed as belonging to that company.

The complaint claims that the calls were not for emergency purposes and that they were made with an automatic telephone dialing system.

The complaint also says that Hansen “never granted [Xpress] any prior express consent nor was any established business relationship with [Xpress] in existence…”

Apparently, the company continued to call even after Hansen requested that it stop. The complaint says, “Upon information and belief and based on [Hansen’s] experiences of being called by [Xpress] after requesting they stop calling, and at all relevant times, [Xpress] failed to establish and implement reasonable practices and procedures to effectively prevent telephone solicitations in violation of the regulations prescribed under” the TCPA.

The complaint alleges both negligent and willful and knowing violations of the TCPA.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Xpress Web Marketing Unwanted Cell Phone Calls TPCA Complaint

March 10, 2020

Despite the visceral dislike of many consumers for telemarketing calls, many companies still like to use it to try to gain customers. They may do so—if they obey the regulations and limitations in place for telemarketers under the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that Xpress Web Marketing does telemarketing without obeying these regulations and limitations.

Xpress Web Marketing Unwanted Cell Phone Calls TPCA Complaint

Case Event History

Xpress Web Marketing Unwanted Cell Phone Calls TPCA Complaint

March 10, 2020

Despite the visceral dislike of many consumers for telemarketing calls, many companies still like to use it to try to gain customers. They may do so—if they obey the regulations and limitations in place for telemarketers under the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that Xpress Web Marketing does telemarketing without obeying these regulations and limitations.

Xpress Web Marketing Unwanted Cell Phone Calls TPCA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls