& Alleged Illegal Telemarketing Calls to Consumers

On August 10, 2017 a class action complaint was filed in federal court in Florida to stop’s “practice of making illegal telemarketing calls to the telephones of consumers nationwide and to obtain redress for all persons injured by [the] conduct [of]”

The complaint alleges that Florida-based “placed illegal telemarketing calls to residents of the United States registered on the National Do-Not-Call Registry” and that “willfully violated the [Telephone Consumer Protection Act] . . . by causing unsolicited calls to be made to Plaintiff’s and other class members’ cellular and residential telephones.”

According to the complaint:

[] made more than one unauthorized call to Plaintiff’s residential line for the purpose of marketing furniture deals to Plaintiff. Plaintiff did not have an existing business relationship with Plaintiff, Plaintiff did not seek information about [’s] products, Plaintiff never provided express written consent to be called by [], and the calls were an invasion of Plaintiff’s privacy. Indeed, Plaintiff has been a member of the National Do-Not-Call Registry, authorized by the TCPA, since March 7, 2009 to prevent persistent and harassing marketing calls to his telephone. – Class Action Seeks Damages & Injunction

On behalf of the members of the class action, the Plaintiff, according to the complaint, seeks an injunction to require to stop all unsolicited telephone calling activities to consumers, $500 per violation under the TCPA in statutory damages to members of the class action, and treble damages (for knowing and/or willful violations).

Repeated Unwanted Telemarketing Calls to Consumers

According to the complaint:

[] is a large furniture store chain operating over 220 locations across Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, and Puerto Rico. Unfortunately for consumers, [] utilized (and continues to utilize) a sophisticated telephone dialing system to call individuals en masse promoting its products. On information and belief, [] obtained these telephone numbers (i.e., leads) by purchasing marketing lists containing consumers’ telephone numbers. Indeed, Plaintiff himself has never provided [] his telephone number.

In Defendant’s overzealous attempt to market its products, it placed (and continues to place) phone calls to consumers who never provided consent to call and to consumers having no relationship with []. Worse yet, [] placed (and continues to place) repeated and unwanted calls to consumers whose phone numbers are listed on the DNC. Consumers place their phone numbers on the DNC for the purpose of avoiding unwanted telemarketing calls like those alleged [in the complaint].

[] knowingly made (and continues to make) these telemarketing calls without the prior express written consent of the call recipients. As such, [] not only invaded the personal privacy of Plaintiff and members of the putative Class, but also intentionally and repeatedly violated the TCPA.

Received Unsolicited or Unwanted Telephone Calls?

If you received more than one telephone call made by within a 12-month period to a telephone number registered with the National Do Not Call Registry for at least 30 days and for which there is no record of consent to make such calls, your rights under federal law may have been violated.   For more information, please complete the form to the right or contact either John Kehoe, Esq., (215) 792-6676, Ext. 801, [email protected]; Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected]; or send an e-mail to [email protected].

Kehoe Law Firm, P.C.

The 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.