A proposed class action alleges the National Rifle Association of America (NRA) and InfoCision Management Corporation have placed automated, unsolicited calls to consumers in violation of the federal Telephone Consumer Protection Act (TCPA).
Filed in Maine’s district court, the lawsuit claims the defendants have engaged in an aggressive and unlawful telemarketing campaign aimed at selling memberships and soliciting contributions to the NRA. The companies have allegedly used an automated telephone dialing system to place calls to consumers nationwide, including those whose numbers are included in the National Do Not Call Registry, without consent.
The plaintiff, whose number has been in the National Do Not Call Registry since 2003, claims he received a “barrage” of spam calls from InfoCision on behalf of the firearms advocacy group asking him to join the organization. According to the suit, the plaintiff received “dozens” of automated calls despite never consenting to be called by the NRA and after he expressly asked that the communications stop.
InfoCision is the nation’s second-largest privately held teleservices company, and has contracted with the NRA to place telemarketing calls on its behalf, the case says. The defendants place thousands of robocalls per day with the express purpose of soliciting recipients to purchase memberships or other products from or through the NRA, the suit claims.
“In making these calls, Defendants contact those with whom they do not have a prior relationship—let alone consent to make the call,” the complaint reads.
The complaint notes that the plaintiff held an NRA membership until it expired in late 2018. The consumer did not renew the membership nor consent to receive robocalls from the NRA at any time, the case says. Once the plaintiff’s membership expired, the lawsuit continues, the man received from the NRA “multiple calls every week for several months,” asking him to rejoin. Though the plaintiff received no calls for a year after eventually being placed on the NRA’s internal do not call list, the calls began again in November 2019, according to the suit.
The case looks to cover all individuals in the U.S. who received a non-emergency call from the NRA and InfoCision via automatic telephone dialing system and/or prerecorded voice, and who did not consent to receive such calls, from 2016 to the date a trial may begin. The suit looks to additionally cover those in the U.S. whose numbers are in the National Do Not Call Registry and received one or more calls from the defendants from 2016 to the date a trial may begin.
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