A proposed class action claims Axispoint LLC (doing business as Axis Auto Protection) and Sunpath LTD have placed unlawful robocalls to consumers’ cell phones as a means to sell vehicle service contracts.
According to the lawsuit, the defendants have knowingly violated the Telephone Consumer Protection Act (TCPA) by placing the automated telemarketing calls without obtaining recipients’ prior express consent to do so.
Sunpath purports to sell “premium vehicle service contracts that are easily understood by consumers and regarded as an essential compliment to their collision insurance,” the lawsuit says. Per the case, Sunpath engages selling agents such as Axis Auto Protection to market its products to consumers through allegedly automated telemarketing calls.
The plaintiff, a Broward County, Florida resident, says he received a call from Axis in October 2020 in which he was connected to a live agent who inquired about the mileage and condition of his “2013 Ford F-150.” The agent then transferred the plaintiff to another agent who attempted to sell the man a Sunpath vehicle service contract, the suit says.
The plaintiff says he has received several calls from Axis within a 12-month timeframe even though he has never expressly consented to receive the calls.
“Plaintiff has never signed-up for, and has never used, Defendants’ services, and has never had any form of business relationship with Defendants,” the complaint claims.
Moreover, the plaintiff’s cell phone number has been listed on the National Do Not Call Registry since 2011, according to the suit, meaning the defendants were not permitted to place more than one telemarketing call to his number within a 12-month period without the man’s consent.
The plaintiff claims he was harmed by the defendants’ calls in that, aside from the usage of his cell phone data, phone storage and battery life, his privacy was unlawfully invaded, and he became “understandably aggravated” with having to deal with the calls. Per the case, the defendants’ calls diverted the plaintiff’s attention from other life activities and forced him to spend time investigating the source of the clals.
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