Clipper Magazine Hit with Class Action Over Alleged Telemarketing Robocalls

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Clipper Magazine LLC faces a proposed class action over its alleged practice of placing automated telemarketing calls to consumers’ cell phones without obtaining prior express consent to do so and continuing after it’s demanded that the calls cease.

According to the eight-page case, filed August 13 in California, Clipper Magazine, a local, regional and national direct-mail advertiser, has “negligently, knowingly, and/or willfully” violated the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the use of an automatic telephone dialing system to place non-emergency telemarketing calls to consumers’ cell phones unless they have provided their prior express consent.

The plaintiff, a Thousand Oaks, California resident, claims Clipper Magazine began contacting his cellular telephones in January 2020 in an effort to solicit his business. Per the case, the calls, which were allegedly placed on January 15, 17, 31 and August 6, 2020, were sent by way of an automatic telephone dialing system and not for emergency purposes.

The plaintiff, according to the suit, is not a Clipper Magazine customer and never provided the company with his personal information, much less consent to contact his cell phones, “for any purpose whatsoever.” Moreover, the man allegedly told Clipper Magazine “at least once” to stop contacting him, and claims his cell phone numbers had been registered on the National Do Not Call Registry for at least 30 days prior to the defendant’s calls.

“Accordingly,” the complaint states, “Defendant never received Plaintiff’ [sic] ‘prior express consent’ to receive calls using an automatic telephone dialing system or an artificial or prerecorded voice on their cellular telephone pursuant to [the TCPA].”

The lawsuit looks to cover anyone in the U.S. who received to their cell phone any calls from Clipper Magazine that were placed using an automatic telephone dialing system or an artificial or prerecorded voice and who had not previously consented to receive such calls within the past four years.

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