Class Action Alleges ‘Rampant’ TruGreen Robocalls Violate Federal Law
by Erin Shaak
Deramo v. TruGreen, Inc.
Filed: February 10, 2022 ◆§ 7:22-cv-01151
A class action alleges TruGreen unlawfully placed telemarketing robocalls to consumers’ cell phones without securing their prior express consent to do so.
A proposed class action alleges TruGreen, Inc. has violated a federal law by placing telemarketing robocalls to consumers’ cell phones without securing their prior express consent to do so.
The eight-page lawsuit claims that the lawn care services company has invaded consumers’ personal privacy by “intentionally and repeatedly” placing robocalls in violation of the Telephone Consumer Protection Act (TCPA), a federal law that prohibits companies from using automatic telephone dialing technology to place telemarketing calls unless a consumer has expressly consented to be contacted.
The plaintiff, a Stony Point, New York resident, claims to have received more than 20 telemarketing calls from TruGreen last summer even though he’d never done business with the company or given permission for the defendant to call him through automated means.
Per the case, the robocalls began with a “robotic message” promoting the defendant’s lawn care services and instructed the plaintiff to “press 1” to “learn more.”
As the suit tells it, the plaintiff is “not alone” in receiving allegedly unsolicited, automated calls from TruGreen. The complaint cites a slew of online consumer complaints regarding the defendant’s “rampant robocalls.”
The lawsuit alleges TruGreen “violates the TCPA [with] every call it makes” using an artificial or prerecorded voice given the company does not obtain call recipients’ prior express consent to be contacted.
The plaintiff looks to represent anyone in the U.S. who received a prerecorded telephone call on their cell phone or landline placed by or on behalf of TruGreen at any time within the last four years and until the date class notice is issued.
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