A proposed class action claims VRX Media Group, LLC has placed unlawful telemarketing calls to consumers who never consented to be contacted.
According to the lawsuit, VRX has violated the Telephone Consumer Protection Act (TCPA) by using automatic telephone dialing technology to place non-emergency calls advertising its real estate marketing and photography services without first securing consumers’ consent to do so.
“This is exactly the type of telephonic contact the TCPA was designed to prevent,” the complaint reads.
The plaintiff is an Escondido, California resident who claims to have received on October 27, 2020 a voicemail featuring a pre-recorded voice purporting to belong to “Kelly from VRX Media.” The voicemail advertised the defendant’s real estate photography services and instructed “all real estate professionals” to visit VRX’s website and enter a promo code for a discount, the complaint relays.
According to the case, the plaintiff was “confused” as to why he received the call given the man “had no prior business relationship or contact” with VRX Media and had never provided his cell phone number to the company.
The suit goes on to claim that the plaintiff received a second voicemail from the defendant on November 17, this time purporting to be from “Patrick from VRX Media” and containing a similar pre-recorded message.
The plaintiff, who states in the case that each voicemail was preceded by a “brief delay” before the speaker’s voice was heard, alleges both calls were placed using automatic telephone dialing technology, i.e., equipment that has the capacity to store or produce telephone numbers to be dialed “without human intervention.”
Per the case, the plaintiff never provided prior consent to receive what he claims to be “months of unwanted calls” and became “annoyed and frustrated” with the defendant’s allegedly unlawful conduct.
Initially filed on February 23, 2021 in California’s Southern District Court, the lawsuit was transferred to Wisconsin’s Eastern District Court on October 18.
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