A proposed class action claims Comcast Corporation has placed unlawful robocalls to consumers’ cell phones without securing prior consent to do so, and even after they’ve requested that the calls cease.
The lawsuit, filed in the Philadelphia County Court of Common Pleas on November 4, alleges the telecom giant has violated the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the use of automated dialing technology to place non-emergency telemarketing calls to consumers who never provided prior express consent to receive them.
The plaintiff, a Bossier City, Louisiana resident who claims to have never had an account with Comcast, says she received several automated calls from the company even after instructing its representatives to stop calling her.
“[The plaintiff] is not, and has never been, a Comcast customer and did not provide her express consent (or any consent whatsoever), to receive calls from Comcast regarding an account that she does not own,” the complaint scathes.
According to the case, the defendant has, since December 2016, “repeatedly called” the plaintiff’s cell phone number and played prerecorded messages relating to a Comcast account. The plaintiff says she knew the calls utilized an artificial or prerecorded voice “due to the tone and cadence of the voice and because [the plaintiff] is familiar with traditional human discourse and was unable to interact with the caller.”
Per the suit, the plaintiff followed the prompts in the calls on several occasions to be connected with a live representative, and informed the agent that Comcast was calling the wrong number. Despite the plaintiff’s requests that the calls stop, and the agents’ assurances that her number would be placed on the company’s internal “do-not-call” list, Comcast continued to call the woman, the complaint claims.
The lawsuit relays that the defendant has been sued “multiple times” for similar conduct, and is aware that its calls violate the TCPA.
“Comcast therefore knowingly and willfully caused calls utilizing an artificial or prerecorded voice to be made to the cellular telephones of [the plaintiff] and other consumers without their prior express consent,” the complaint contests, claiming the plaintiff and proposed class members are owed at least $500 and up to $1,500 per illegal call.
The suit seeks to represent anyone whose cell phone was called by or on behalf of Comcast with an artificial or prerecorded voice within the past four years after they informed Comcast or its vendor that the calls were to a wrong number.
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