A proposed class action claims Southwest Soccer Club Tournaments and Southwest Soccer Club, Inc. have placed unlawful telemarketing calls and texts to consumers’ cell phones without first securing their consent to do so.
The lawsuit alleges the defendants’ communications violated the Telephone Consumer Protection Act (TCPA) in that they were sent using automated telephone dialing technology and without recipients’ permission.
“The TCPA was designed to prevent calls and messages like the ones described within this complaint, and to protect the privacy of citizens like Plaintiff,” the case reads.
Per the suit, the defendants own and operate a soccer tournament in Southern California and have attempted to promote the event through telemarketing calls and text messages. The plaintiff, an Orange County, California resident, claims to have received from Southwest Soccer Club in October 2021 a call in which an artificial or prerecorded voice was used. A few days later, the plaintiff allegedly received “multiple automated marketing text messages” that read, according to the suit:
“SWSC Thanksgiving College Showcase 2021 held in Temecula. Free college seminar. College coaches attending. www.southwestsc.org. Text S Te Text STOP to quit”
“SWSC Thanksgiving College Showcase NOV 27 and 28 a 2 days event. Deadline NOV 10..Great competition . www.southwestsc.org Text S Te Text STOP to quit”
The case says the plaintiff was “[a]nnoyed by the unwanted advertising material” and replied “Who is this,” “Leave me alone” and “Stop” in response. The defendants allegedly sent an automated response informing the plaintiff that her “stop” text blocked further texts and that she could text “unstop” to continue receiving messages.
The plaintiff asserts that says she is not a customer of the defendants and never provided the companies with any personal information, much less consent to receive telemarketing messages, “for any purpose whatsoever.”
According to the lawsuit, the calls and texts were sent using an automatic telephone dialing system, i.e., technology capable of using a random or sequential number generator to produce telephone numbers to be called and then dial those numbers without human intervention. Although the plaintiff concedes that she cannot allege with certainty that Southwest Soccer Club’s dialing system utilized random or sequential number generators without obtaining the code for their dialing platform, the number of communications she received, the pause at the beginning of the call and the fact that the call was “spoofed” are telltale signs that a predictive dialer was used, the case alleges.
The lawsuit looks to represent anyone in the U.S. who, within the last four years and until the date of class certification, received telephone calls or text messages from Southwest Soccer Club Tournaments and Southwest Soccer Club, Inc. to their cell phone through an automatic telephone dialing system or that included an artificial or prerecorded voice and who never consented to receive the communications.
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