T-Mobile Hit with Class Action Over Alleged Debt Collection Robocalls
by Erin Shaak
Smith v. T-Mobile USA, Inc.
Filed: March 31, 2022 ◆§ 8:22-cv-00748
A lawsuit claims T-Mobile placed at least 50 unlawful robocalls to a man's cell phone in an attempt to collect a debt purportedly owed by someone else.
A New Port Richey, Florida resident claims in a proposed class action that T-Mobile USA, Inc. placed at least 50 unlawful robocalls to his cell phone in an attempt to collect a debt purportedly owed by someone else.
The 11-page lawsuit claims T-Mobile has run afoul of the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the use of automated or prerecorded messages in non-emergency calls placed to a cell phone without the recipient’s prior express consent to receive the call.
The plaintiff claims T-Mobile began placing robocalls to his cell phone in February 2022 in an attempt to collect a purported debt owed by an individual who is unknown to the plaintiff. Per the suit, the plaintiff answered one of the calls on February 24 and was greeted by an artificial or prerecorded message stating the call was meant for the named individual. The plaintiff says it was clear that he was not speaking to a live person because the voice was monotone and did not respond to him.
Moreover, the greeting instructed the plaintiff to press “0” to speak to a live representative, which he did, the suit says. During the call, the plaintiff advised the representative that he was not the person T-Mobile was attempting to contact and requested that no further calls be made to his phone, the case relays.
Despite the plaintiff’s request, however, T-Mobile continued to place “misguided calls” to his cell phone, according to the complaint.
The suit says that although the plaintiff again asked the defendant to stop calling in March 2022 after answering another robocall, his request “fell on deaf ears” and he continued to receive the calls.
“In total, Defendant placed no less than fifty (50) misguided robocalls to Plaintiff’s cellular phone number, including phone calls from the phone number (844) 796-0648,” the case relays.
The plaintiff claims that “[a]t no point in time” did he provide his cell phone number to T-Mobile.
The lawsuit looks to cover anyone in the U.S. to whose cell phone T-Mobile or a third party acting on its behalf placed, or caused to be placed, a call using an artificial or prerecorded voice in an attempt to contact a third party without the individual’s consent within the past four years through the date of class certification.
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