Class Action Against University of Phoenix and Apollo Education Group for Alleged Unsolicited, Prerecorded Telemarketing Messages on Behalf of The University of Phoenix

On February 28, 2018, a class action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”) and Illinois Automatic Telephone Dialers Act (“IATDA”) was filed in United States District Court for the Northern District of Illinois, Eastern Division, against The University of Phoenix, Inc. and The Apollo Education Group, Inc. for damages, declaratory and injunctive relief.  The class action lawsuit was filed by Plaintiff Terrance Williams, an Illinois resident, to “. . . redress Defendants’ [i.e., The University of Phoenix and its “parent company,” The Apollo Education Group] unlawful conduct in autodialing [Plaintiff’s] cellular telephone number without his consent to deliver unsolicited, prerecorded telemarketing messages on behalf of ‘The University of Phoenix’.”

According to the TCPA class action complaint, in 2017, University of Phoenix and/or Apollo Education Group called the Plaintiff’s cellular telephone number and delivered an “unsolicited advertisement” to encourage Plaintiff to “purchase” educational “services.”  When the Plaintiff answered some calls placed by University of Phoenix and/or Apollo Education Group, there was a “period of silence followed by an automated click at which point the call would sometimes connect to a human.”

The Plaintiff, allegedly, also received prerecorded messages which advertised or promoted University of Phoenix’s and/or Apollo Education Group’s educational services.  “The pre-recorded messages played or left on Plaintiff’s cellular phone and/or voice mail did not comply with 47 CFR § 64.1200(b)(3) because none of the prerecorded messages contained language identifying the ability of Plaintiff to opt-out of future prerecorded messages.”

The Plaintiff, allegedly, never provided his cell phone number or prior express written consent to permit telemarketing messages to his cellular phone through the use of an automatic telephone dialing system and predictive dialer, as these terms are defined, respectively, by the TCPA and the FCC.  “Plaintiff never consented to receiving a ‘telephone solicitation’ calls from Defendants and never expressly consented (in writing or otherwise) to allow Defendants to call his cellular telephone number with an ‘automatic telephone dialing system’ or ‘artificial or prerecorded voice.’”

The class action against University of Phoenix and Apollo Education Group seeks, among other things, statutory damages of at least $500 and up to $1,500 for each TCPA or IATDA violation.

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].

Kehoe Law Firm, P.C.