February 26, 2024 – Spectrum Robocalls Lawsuit Dismissed After Parties Agree to Arbitrate
The proposed class action detailed on this page was dismissed without prejudice on July 26, 2021.
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In a joint stipulation filed on July 13 of that year, Spectrum and the plaintiff informed the court that they agreed to dismiss the case and handle the consumer’s claims before an arbitrator.
On July 20, 2021, United States District Judge Solomon Oliver, Jr. signed off on the parties’ joint arbitration stipulation and then officially tossed the lawsuit six days later.
Charter Communications, which does business as Spectrum, faces a proposed class action over its alleged practice of robocalling consumers without first securing consent to do so.
The plaintiff, an Ohio resident, claims to have received “no less than” 100 robocalls from Spectrum in attempts by the company to contact an unrelated individual. Some of the calls, according to the nine-page suit, were placed even after the woman informed the company that she was not the individual to whom the messages were addressed, and demanded that the calls cease.
“At no point in time did Plaintiff have an account or any other form of business relationship with Defendant,” the complaint states, claiming the calls violated the federal Telephone Consumer Protection Act (TCPA).
According to the lawsuit, Spectrum, an internet and cable services provider, began to place prerecorded calls to the plaintiff’s cellular telephone in January 2021 in an attempt to collect on an outstanding balance purportedly owed by another individual. The plaintiff says that upon answering the calls, she was greeted with one of the two following prerecorded messages:
“This call is for [customer’s name]. Please give Spectrum a call back at 844- 206-9035 regarding your account information.”
“This is Spectrum looking for [customer’s name]. Your service has been discontinued, please contact us at 844-206-9035.”
After becoming frustrated with the calls, the plaintiff called Spectrum to determine why she was being contacted, and explained to the defendant’s representative that she did not know the individual to whom the messages were addressed, the case relays. The plaintiff stated both that the calls were “irritating” given they were coming in “at such a high rate” and that she has never had an account with the defendant, the suit says.
Although the defendant’s representative informed the plaintiff that the calls would cease, the woman continued to receive robocalls from Spectrum, according to the case.
Per the suit, the plaintiff, “infuriated with Defendant’s invasive robocalls,” contacted the company again in March 2021. After providing her name, address and phone number, the plaintiff was told an account could not be located for her and that “someone used Plaintiff’s phone number to open an account with Defendant,” the complaint relays.
The defendant’s representative allegedly assured the plaintiff that the situation was “resolved” and provided the woman with a one-time confirmation code that purportedly established that she would no longer receive Spectrum’s calls. Thereafter, the plaintiff continued to receive “daily robocalls” from Spectrum, with as many as seven calls placed within a 24-hour time period, the lawsuit alleges.
The plaintiff contends that the defendant’s calls invaded her privacy and solitude, which she “significantly values,” and were “especially troubling” in light of her repeated requests that the calls cease.
“In light of the fact that Plaintiff does not and has never had a business relationship with Defendant, Defendant’s phone calls were highly intrusive and infuriating,” the complaint attests.
The lawsuit looks to cover anyone in the U.S. who does not have an existing account with the defendant and to whose cell phone the defendant, or a third party acting on its behalf, placed a phone call utilizing an artificial or prerecorded voice in connection with an outstanding balance allegedly owed by a third party within the past four years and until the date of class certification.
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