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Marriott Vacations – TCPA Violations Alleged

Marriott Vacations – TCPA Violations Alleged

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Marriott Vacations Worldwide Corporation, d/b/a Marriott Vacation Club – Class Action Filed

On December 7, 2017, a class action lawsuit was filed in United States District Court, Central District of California, seeking damages and other available legal or equitable remedies resulting from alleged violations of the Telephone Consumer Protection Act (“TCPA”) by Marriott Vacations Worldwide Corporation, d/b/a Marriott Vacation Club.

According to the class action complaint, Defendant Marriott Vacations Worldwide Corporation, d/b/a Marriott Vacation Club, “a business engaged in the sale of vacation timeshares and other hospitality services,” began in or around October 2017 contacting the Plaintiff’s cellular telephone in effort to solicit the Plaintiff to purchase the services of Marriott Vacations.  Allegedly, the Plaintiff, who received numerous solicitation calls from Marriott Vacations in a 12-month period, revoked consent to call her cellular telephone on or about October 25, 2017 “by expressly requesting Defendant to cease soliciting [Marriott Vacations’] services through calling Plaintiff on her cellular telephone.”

Marriott Vacations, according to the complaint, used an automatic telephone dialing system to contact the Plaintiff to solicit Marriott Vacations’ services from, among others, telephone number (407) 903-6130.  Further, Marriott Vacations did not have the Plaintiff’s prior express consent to receive telephone calls utilizing an automatic dialing system or an artificial or prerecorded voice.  Additionally, the Plaintiff’s cellular telephone number was added to the National Do-Not-Call Registry on or about August 9, 2003.

The proposed TCPA class action lawsuit was brought on behalf of all persons in the United States who received any solicitation/telemarketing telephone calls from Marriott Vacations to such person’s cellular telephone made through the use of any automatic telephone dialing system, or an artificial or prerecorded voice, and such person had not previously consented, or had revoked any prior express consent, to receive such calls within the four years prior to the filing of the class action complaint.

The proposed TCPA class action lawsuit also was brought on behalf all persons in the United States registered on the National Do-Not-Call Registry for at least 30 days who did not grant Defendant Marriott Vacations prior express consent, did not have a prior established business relationship, or who revoked consent and any prior established business relationship, and received more than one call made by or on behalf of the Defendant that promoted Defendant Marriott Vacations’ products or services, within any 12-month period, within four years prior to the filing of the class action complaint.

Have You Received Unsolicited or Unwanted Telemarketing Telephone Calls, Autodial Calls (“Robocalls”) or Text Messages?

If you have received unwanted, unsolicited or harassing telemarketing telephone calls, autodial calls (“robocalls”) or text messages and would like to speak privately with an attorney to learn more about your potential legal rights, please complete the form to the right or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected]; John Kehoe, Esq., (215) 792-6676, Ext. 801, [email protected]; or send an e-mail to [email protected].

Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a multidisciplinary, plaintiff–side law firm dedicated to protecting investors and consumers from corporate fraud, negligence, and other wrongdoing. Driven by a strong and principled sense of social responsibility and obtaining justice for the aggrieved, Kehoe Law Firm, P.C. represents plaintiffs seeking to recover investment losses resulting from securities fraud, breaches of fiduciary duty, corporate wrongdoing or malfeasance, those harmed by anticompetitive practices, and consumers victimized by fraud, negligence, false claims, deception, data breaches or whose rights to minimum wage and overtime compensation under the federal Fair Labor Standards Act and state wage and hour laws have been violated.