A proposed class action lawsuit claims timeshare marketers Resort Sales by Spinnaker, Inc. and Resort Sales Missouri, Inc. have overstepped the Telephone Consumer Protection Act (TCPA) by placing automated telemarketing calls to consumers whose numbers were listed on the National Do Not Call Registry. According to the complaint, the defendants not only called consumers without obtaining their express consent to be contacted but continued calling after some requested that the calls cease.
The plaintiff in the case alleges that in April 2015, “Spinnaker Resorts” began placing to her landline telemarketing calls that advertised vacation timeshares. Although she told the company on several occasions to stop calling, the woman received “dozens of calls” from the defendants over the next few years, the case says. The plaintiff claims she had no prior business relationship with Spinnaker Resorts and never provided consent to receive the “annoying and harassing” calls, which the suit alleges were placed using an automated telephone dialing system. Moreover, the plaintiff says her number had been listed in the Do Not Call Registry since at least February 2010.
The case claims the plaintiff, a nurse who the suit says works at night and sleeps during the day, and similarly situated individuals suffered “actual harm” from the “repeated intrusive and unwanted” telemarking calls in the form of “annoyance, nuisance, and invasions of [their] common law and statutory privacy rights.”