LiveFree Hit with Class Action Over Alleged Robocalls Advertising Emergency Response Device

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LiveFree Emergency Response, Inc. has been named in a proposed class action lawsuit over alleged robocalls.

The 15-page case claims LiveFree has attempted to “aggressively market” its personal emergency response devices by using prerecorded or artificial voice technology to call consumers’ cell phones without first obtaining consent.

According to the suit, the defendant has run afoul of the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the use of automated technology to place telemarketing calls unless a caller has secured a recipient’s consent to receive the calls.

The plaintiff, a Burbank, California resident, says he received a call from LiveFree on June 25, 2021 even though he had no prior relationship with the company and had not inquired about its services. Per the case, the defendant “spoofed” the phone number that showed up on the plaintiff’s caller ID to make it appear as though the call were coming from his local area code.

Upon answering the call, the plaintiff heard the following prerecorded message, according to the complaint:

Per the case, the plaintiff dialed “1” in an attempt to find out the identity of the caller. The suit says a prerecorded or artificial voice then asked the plaintiff a series of questions, with “unnatural pause[s]” in between, and failed to correctly respond when the plaintiff asked, “Yes, but what day of the week is it where you are?” The caller then went on to explain to the plaintiff that he could take advantage of a “special promotion” whereby he would be provided with free equipment and “pay only for the emergency medical monitoring” at a cost of $39.99 per month, the suit relays.

According to the lawsuit, the plaintiff was only able to discover the identity of the caller after having authorized a charge to his credit card—in order to “fight back against the unwanted telemarketing call”—and seeing on his credit card records that he had paid a company called “Wireless Medical Alert” in Pocatello, Idaho. The website for this company shows LiveFree’s address in Pocatello, the case relays.

Neither the plaintiff nor other consumers provided LiveFree with their consent to receive the company’s “annoying and harassing calls,” the suit says.

The lawsuit looks to cover anyone with a cell phone number to which, within the past four years and until the date a class is certified, LiveFree or someone acting on its behalf placed a prerecorded or artificial voice call in which LiveFree’s products or services were marketed.

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