OutboundEngine, Inc. faces a proposed class action wherein a California consumer claims the marketing company placed at least seven automated calls to his cell phone without securing prior express consent to do so.
According to the complaint, the defendant runs a marketing platform directed toward small business owners interested in generating referrals and repeat business. The plaintiff alleges that although he never had a business relationship with the defendant, nor provided his cell phone number to the company “through any medium,” he received at least seven calls from OutboundEngine between September 2018 and August 2019. According to the lawsuit, the “noticeable delay” the plaintiff experienced before being connected to one of the defendant’s representatives is a “common sign” that the company used an automatic telephone dialing system (ATDS) to place the calls.
The case explains that under the Telephone Consumer Protection Act (TCPA), companies must secure prior express written consent before using an ATDS to place non-emergency telemarketing calls to a consumer’s cell phone.
The plaintiff suspects OutboundEngine has placed similar unlawful calls to “thousands” of other consumers who never provided their consent to receive the calls. The case seeks to provide relief to anyone who, within the last four years, received a call from the defendant to their cell phone that made use of an ATDS or prerecorded voice.