Miracle-Ear, Inc. has been hit with a proposed class action alleging the company has placed unlawful robocalls to consumers who never provided their consent to be contacted.
The lawsuit explains that the federal Telephone Consumer Protection Act prohibits entities from using automated dialing technology to place calls for non-emergency purposes without first securing the recipient’s express written consent. Moreover, the TCPA similarly prohibits the placement of telemarketing calls to those whose numbers are listed on the National Do Not Call (DNC) Registry, the case states.
According to the suit, Miracle-Ear uses telemarketing as “one of its primary means” to promote its hearing aid products to consumers. The plaintiffs argue, however, that the company fails to secure prior express consent before placing automated calls to consumers’ cell phones and to those with numbers listed on the DNC registry.
The first plaintiff says she received two calls from Miracle-Ear in December 2019 even though her residential number has been listed on the National DNC Registry since March 2016. Both calls, the suit says, concerned the sale of hearing aids and included a call back number of (844) 300-4252. The plaintiff asserts she “has never done any business” with Miracle-Ear, much less consented to receive telemarketing calls from the company.
The second plaintiff says he received two calls from Miracle-Ear to his cell phone in late October 2019. According to the case, the geographic location of the caller, as well as the generic nature of the calls and the “identical script” used in both, indicate that the defendant used automated dialing technology to call the plaintiff’s cell phone.
The lawsuit notes that Miracle-Ear has previously been sued for alleged TCPA violations, including allegations that the company had placed telemarketing calls to numbers on the DNC registry.
Per the complaint, the plaintiffs and others were harmed by the defendant’s calls in that the communications were “frustrating, obnoxious, annoying, a nuisance, and disturbed the solitude of Plaintiff and the classes.”
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