Class Action Alleges Higher Ed Growth Promoted Colleges Through Illegal Robocalls

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Higher Ed Growth, LLC faces a proposed class action over its alleged practice of placing unsolicited telemarketing calls to consumers who never consented to receive the communications.

According to the case, Higher Ed, who does business as Inquir, offers to colleges lead generation services through which the schools can market themselves to consumers. The lawsuit alleges, however, that Higher Ed’s practice of using an artificial or prerecorded voice in its telemarketing calls is a violation of the Telephone Consumer Protection Act in that recipients of the calls never provided prior written consent to be contacted by phone.

The plaintiff, a Georgia resident, claims to have received a prerecorded call from EduFirst, a Higher Ed vendor, in mid-May 2019. Per the case, a recorded script indicated that the call was from “Abigail with EduFirst,” and played “a series of other messages” before the call was transferred to a Higher Ed client.

The suit alleges that although the defendant claimed the call was placed in response to the plaintiff visiting a website, the man did not visit any such site.

“Indeed, that website, which related to new job opportunities, did not identify Higher Ed as a potential seller of services that would be contacting the plaintiff,” the complaint reads.

According to the case, the call placed to the plaintiff’s cell phone harmed the consumer in the form of “annoyance, nuisance, and invasion of privacy,” and disturbed his use and enjoyment of his phone.

The lawsuit seeks to cover anyone in the U.S. who, at any time within the past four years and through the suit’s trial, received a call to their cell phone from the defendant or its agent using a prerecorded voice message and for whom Higher Ed Growth claims it obtained consent in the same manner and from the same source as it claims to have obtained consent from the plaintiff.

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