Unwanted Texts and Calls Roundup

The Telephone Consumer Protection Act is a federal regulation which defines acceptable practices for companies that want to contact you. In its most basic and commonly used form, the TCPA provides protection when individuals are contacted by companies without their permission, and it designed to prevent spam – phone calls, text messages, faxes or e-mails – by penalizing companies for transgressions. Originally, the TCPA focused on automated phone calls, but the rise of cell phones and e-mail have led to changes and adaptations; as well as an increase in lawsuits against companies who plaintiffs say have violated the rules in using their personal information.

The lawsuit claims that no permission was ever given and therefore the calls go against TCPA guidelines for consent.

Massage Envy Franchising

Plaintiffs in a recently filed lawsuit allege that Massage Envy sent unsolicited text messages to their phones, without permission. The TCPA requires that companies collect individuals’ consent before texting, as well as providing an opt-out or cancellation option.

Credit Management

Credit Management is facing allegations that it called a man’s phone even after previously given consent was revoked. Although the company was seeking to collect debt which the individual owed, the lawsuit claims that Credit Management persisted in calling him even after it no longer had his permission to do so.

First National Collection Bureau

Similar to the Credit Management lawsuit, First National is facing allegations that it repeatedly called the plaintiff’s celll phone without permission in order to seek payment over a legitimate debt. However, the individual claims that their cell phone number was never listed in any document connected to the debt in question, and so no permission was ever given for calls to that number – which therefore violated the TCPA.

Suburban Mortgage Co.

It has been alleged that Suburban Mortgage sent voice calls to individuals’ phoned without their permission, and in one case without any existing business relationship. This would potentially violate the TCPA provision that calls only ever be made where an individual has provided consent, either through express permission or through a transaction which required the phone call.

National Recovery Solutions

A lawsuit has been filed against National Recovery Solutions claiming that the company violated the TCPA by phoning plaintiffs without their consent and, in addition, used automated dialing and a pre-recorded voice system – both punishable offences under the TCPA, if found to be true.

Northland Group

Two plaintiffs, Trudel and Walker, are alleging that Northland Group broke the TCPA by calling them without permission. Trudel alleges that he revoked permission to receive calls, yet still got voice calls from the company, while Walker received text messages despite alleging that she had never given permission.

Walgreens

Wallgreens has been accused of making robocalls to consumers’ cell phones. Plaintiffs are claiming that they received phone calls after filling out prescriptions at Wallgreen, reminding them that a refill is required. The lawsuit claims that no permission was ever given and therefore the calls go against TCPA guidelines for consent.