A Place for Mom Finds Place in Lawsuit Alleging TCPA Violations

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A Place for Mom, Inc. is on the receiving end of a proposed class action lawsuit alleging the defendant violated the Telephone Consumer Protection Act (TCPA) by placing auto-dialed calls to consumers’ phones without their prior consent. The suit explains that the defendant refers consumers through its website to various senior living options in their area. When users visit the site, the complaint alleges, they are directed to enter their information, including a phone number, before they click a “Start Your Search” button. According to the case, the defendant includes a disclosure at the bottom of the search page in small, “barely legible font” that purportedly authorizes the defendant to place auto-dialed calls to consumers’ phones.

The plaintiff says he visited the defendant’s website to search for senior living for his mother and, upon entering his information and clicking the search button, immediately received an auto-dialed phone call from one of the defendant’s representatives. The suit argues that the notice on the website does not satisfy the TCPA’s definition of consent, meaning the calls were illegal under federal law.

The case also mentions that the defendant has previously been sued over similar allegations and has received many complaints from website users.