RCI’s Allegedly ‘Relentless’ Telemarketing Calls Trigger Class Action

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A proposed class action has been filed against RCI, LLC wherein a consumer claims to have received numerous unsolicited telemarketing calls from the timeshare exchange company despite her phone number being listed on the National Do Not Call Registry.

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According to the 23-page lawsuit, the Florida-based company violated the federal Telephone Consumer Protection Act (TCPA)—which aims to protect individuals from unwanted telemarketing contact—when it made repeated calls to the plaintiff, a Georgia resident whose cell phone number has been on the National Do Not Call Registry since February 2007.

The plaintiff claims that for the past year, she has received roughly two to four calls per month from RCI, or a third party acting on its behalf, soliciting the company’s travel agency services. Per the suit, the woman never provided consent to be contacted by the defendant.

The plaintiff says that during some of the unsolicited calls, she informed the representative that she was on the National Do Not Call list and asked them not to contact her again. However, the unwanted calls continued despite the woman’s repeated requests, the case alleges.

As the complaint tells it, the TCPA prohibits companies from making telemarketing calls to individuals whose phone numbers are listed on the National Do Not Call Registry. The federal law also requires businesses to keep a written policy for maintaining an internal do-not-call list and bars companies from contacting consumers who request to be on it, the filing adds.

The lawsuit argues that RCI’s “relentless marketing practices” prove the company had no internal do-not-call policies when it contacted the plaintiff.

The suit alleges that “whatever written policies existed either failed to comply with the minimum requirements under the TCPA, … were unreasonable or were never properly implemented—including as evidenced by the continued telephone calls to [the plaintiff] after she directly asked not to be contacted on numerous occasions.”

What’s more, the Better Business Bureau website features a number of consumer complaints about RCI’s unsolicited telemarketing calls, the case shares.

“Based on the numerous consumer reviews complaining about unwanted and unsolicited telemarketing calls, it is clear RCI has taken no action, and will take no action, to curb its abusive and illegal telemarketing practices and [the plaintiff] and class members remain vulnerable to continued harassment from RCI,” the filing charges.

The lawsuit looks to represent anyone in the United States to whose telephone number RCI placed (or had placed on its behalf) two or more telemarketing calls in a 12-month period, when the consumer’s phone number had been on the National Do Not Call Registry for more than 30 days in the past four years. The suit also seeks to cover those who, in the past four years, received two or more telemarketing calls in a 12-month period from RCI or an agent thereof after requesting that the defendant stop calling.

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