An Illinois consumer claims in a proposed class action that Liberty University, Inc. placed several unlawful, automated calls to her cell phone without securing prior express consent to do so.
The lawsuit claims the Lynchburg, Virginia school violated the Telephone Consumer Protection Act (TCPA) by utilizing an automatic telephone dialing system (ATDS) to place non-emergency telemarketing calls without obtaining the recipients’ express written consent. According to the case, a prior TCPA lawsuit against the school put Liberty on notice that its actions violated federal law.
The plaintiff claims she received “repeated robocalls” from Liberty, including on September 4, 5, 10, and 18, 2019, despite never having expressed an interest in attending the university. Based on the frequency of the calls; the notable click, pause and delay after the plaintiff answered the phone; the location of both parties; and the fact that the calls attempted to solicit the plaintiff’s enrollment at Liberty, the defendant likely used an ATDS to place the calls, the complaint says.
Describing the calls as “an annoying, harassing nuisance,” the plaintiff looks to represent anyone in the U.S. who, at any time since June 23, 2016, received to their cell phone a non-emergency telemarketing call from Liberty or a third-party on its behalf that was placed using “the same or a similar dialing system” used to call the plaintiff.
In April, Liberty was hit with a proposed class action filed by a student who claims the school has refused to issue proper refunds for tuition and fees paid for the Spring 2020 semester cut short by the COVID-19 pandemic.
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