DISCLAIMER: This article is based on a complaint. The defendant has not responded to the complaint to present its side of the case. The claims mentioned are accusations and should be considered as such until and unless proven otherwise.
A Florida man has filed a class-action lawsuit accusing a collector of violating the Telephone Consumer Protection Act by using an artificial or prerecorded voice to leave messages left on the plaintiff’s cell phone voicemail even though the plaintiff claims to not have an account with the defendant and never gave the defendant permission to be contacted on his cell phone.
The Background: On four occasions in August 2022, the plaintiff received a voicemail on his phone that identified the defendant. Each of the messages included a statement about wanting to get in touch with the whomever it was trying to contact, and leaving a phone number to return the message.
- The voicemails “sounded like a recording,” according to the complaint. The recording sounded “robotic” and the pacing and tone of each voicemail sounded similar.
- The plaintiff had begun using the phone number in question a year or so before the voicemails were left on his phone. The messages did not include a name of the person that the defendant was trying to contact nor did the plaintiff ever try to contact the defendant to confirm who it was trying to get in touch with.
The Claims: The plaintiff claims the defendant violated Section 227(b)(3) of the TCPA by using a prerecorded or artificial voice without consent. The plaintiff claims he should receive $1,500 for each violion because the violations were knowing and willful. The plaintiff seeks to include anyone who received a similar voicemail message from the defendant and did not have an account with it.
