First Amended Class Action Complaint Filed Against Polaris Industries, Inc. For Alleged Violations of the Telephone Consumer Protection Act
On February 9, 2018, an amended class action complaint was filed against Polaris Industries in United States District Court, Middle District of Pennsylvania, for alleged violations of the Telephone Consumer Protection Act (“TCPA”). According to the first amended class action complaint, in the morning on or about October 24, 2017, Plaintiff Rob Kline, a Pennsylvania resident, received a call from (570) 221-5039 to his cellular telephone. Upon answering, the Plaintiff detected silence and then an electronic “blip” noise consistent with automatic telephone dialing system-type calls. Allegedly, after the “blip” noise, a voice came on the line, and the caller identified herself as “Brittney” of Polaris.
According to the amended complaint, “Brittney” knew of the Plaintiff’s past purchases made years ago from Polaris, and “Brittney” encouraged the Plaintiff to purchase additional products sold by Polaris. Further, the call to Plaintiff’s cellular telephone was placed through an automatic telephone dialing system without the Plaintiff’s prior express written consent. Plaintiff, according to the amended complaint, is not a Polaris Industries customer, and the Plaintiff has not provided Polaris with written consent to be called on his cellular telephone number.
The TCPA class action against Polaris Industries is on behalf of a proposed nationwide class of other individuals who received illegal telemarketing calls from, or on behalf, of Polaris, because the automated call to Plaintiff’s cell phone was transmitted using technology capable of generating hundreds of thousands of telemarketing calls per day, and because telemarketing campaigns generally place calls “en masse” to hundreds or thousands of potential customers.
The class of affected individuals is defined as all individuals in the United States to whom Polaris Industries placed a telephone call to a cellular telephone number on or after October 26, 2013 promoting the sale of Polaris products, using a dialing system substantially similar to the dialing system(s) which called Plaintiff Kline, without express consent to initiate automated telemarketing calls to a cellular telephone number. The class action seeks statutory damages of $500 for each TCPA violation and treble, or triple, damages for willful or knowing TCPA violations.
Have You Received Unsolicited, Unwanted or Harassing Autodial, Automated or Prerecorded “Robocalls” or Text Messages to Your Cellular Telephone from Telemarketers, Banks or Credit Card, Mortgage, Student Loan or Other Companies on Your Cell Phone Without Your Prior Express Consent?
Have You Received Debt Collection Robocalls On Your Cellular Telephone Where You Requested Not to Receive, or Opted-Out from Receiving, Automated Debt Collection Calls?
Have You Received “Junk Fax” Advertisements That You Did Not Consent to Receive?
If so, you may have grounds to bring a private right of action, or lawsuit, under the Telephone Consumer Protection Act to try and recover statutory damages of between $500 and $1,500 for each TCPA violation. If you would like to speak privately with an attorney at no cost or obligation to you about your potential legal rights or claims, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or send an e-mail to [email protected].