Class Action Claims Sears Placed Unlawful Robocalls to Woman’s Cell Phone Without Consent

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An Arizona woman has filed suit against Sears Brands, LLC after the defendant supposedly placed several robocalls to her cell phone without her consent in an attempt to contact an unrelated individual. The plaintiff says she received at least three calls to her cell phone and two prerecorded voice messages informing her that Sears could not process her water filter subscription because her “credit card on file has expired or is invalid.” According to the complaint, the plaintiff did not have a credit card on file with the defendant and was not at any point one of its water filter customers. The woman says she attempted to call the provided number to inform the defendant that she was not the individual it was seeking, but she was supposedly placed on hold and hung up after seven minutes.

The lawsuit argues that the defendant’s use of autodialing technology to place calls to the plaintiff’s cell phone without her consent constituted a violation of the Telephone Consumer Protection Act (TCPA) and unlawfully invaded her privacy.