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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 collection operation is facing a class-action lawsuit in Indiana federal court for allegedly violating the Telephone Consumer Protection Act by leaving what appears to be a limited-content message on an individual’d cell phone using a prerecorded voice.
The background: Last August, the plaintiff received a call and a voicemail message was left. The message said, “Please contact Victor or representative with [Defendant] at [phone number] our offices are Monday through Friday 8 AM through 5 PM Eastern standard time thank you…” according to a screenshot that included a transcript of the message.
- The call was allegedly made using a prerecorded voice, according to the complaint. The complaint does not include any other evidence about how the plaintiff knew the call was made using a prerecorded voice.
- The plaintiff never provided the defendant with express written consent to be contacted on her cell phone using a prerecorded voice, according to the complaint.
- The voicemail caused the plaintiff, and the other members of the class, to be inconvenienced, have their privacy invaded, and be annoyed, according to the complaint.
The claims: The suit accuses the defendant of violating Section 227(b)(1)(A)(iii) of the TCPA by making a call using an artificial or prerecorded voice. It also accuses the defendant of violating provisions related to not having consent and for making non-emergency telephone calls using prerecorded messages.
- The suit seeks to include anyone who received at least one prerecorded voice call from the defendant on their cell phone in the four years prior to the filing of this lawsuit
