Grand Caribbean Cruises, Inc. has been hit with a proposed class action lawsuit over allegations the company placed illegal spam calls to consumers without obtaining consent to do so.
According to the complaint, in July 2019, the lead plaintiff began to receive from the defendant unsolicited telemarketing calls that were placed using an automatic telephone dialing system (ATDS). The plaintiff says he received multiple calls that attempted to entice him into purchasing Grand Caribbean’s services, despite the fact that his number has been listed on the National Do-Not-Call Registry (DNC) since 2003. Moreover, the suit claims Grand Caribbean never obtained the plaintiff’s consent before placing the calls.
Under the Telephone Consumer Protection Act (TCPA), the suit explains, companies are not permitted to place telephone calls using an ATDS to numbers listed on the DNC without obtaining the prior express written consent of the recipient. The case claims that since Grand Caribbean never received the plaintiff’s express written consent, the cruise line violated the TCPA by using an automatic dialer.
The lawsuit looks to represent all persons in the U.S. who received a marketing call from the defendant that was placed without their express written consent within the past four years and made use of an ATDS, or artificial or prerecorded voice. The suit also seeks to represent a separate class of consumers who had their number listed on the DNC for at least 30 days and had no prior business relationship with Grand Caribbean, yet still received multiple unauthorized calls from the defendant within a 12 month span over the past four years.