Vivint’s Alleged Spam Calls, Texts Trigger Class Action Lawsuit

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Vivint Smart Home, Inc. faces a proposed class action lawsuit wherein a consumer claims to have received numerous unsolicited telemarketing calls and texts from the home security system company even though her phone number was listed on the National Do Not Call Registry.

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According to the 14-page privacy lawsuit, Vivint ran afoul of the federal Telephone Consumer Protection Act (TCPA) when it repeatedly contacted the plaintiff, a Nevada resident with no prior relationship with the company whose phone number has been on the National Do Not Call Registry since 2023.

The plaintiff claims that despite never providing consent to be contacted by Vivint, she received six calls and 21 texts from the company in April and May 2024.

The class action suit contends that the “annoying and harassing” calls and messages, which marketed Vivint’s home security systems and promotional offers, violated the woman’s privacy rights under the TCPA. Per the case, this federal law prohibits the initiation of more than one telephone solicitation within a one-year period to phone numbers listed on the National Do Not Call Registry without express consent.

As the complaint tells it, the company purported to have obtained the plaintiff’s phone number from a “lead” submission on VivintOffers.com, which features a web form through which a consumer can request a free quote for a home security system. The filing alleges that the web form does not properly disclose to prospective customers that by requesting a quote, they are also signing up to receive telemarketing calls and texts from Vivint.

In any case, the lawsuit contests that submission of this web form does not qualify under the TCPA as valid consent to be contacted.

In addition, the plaintiff says she never visited VivintOffers.com or provided her information through the website in any capacity.

The Vivint lawsuit looks to represent anyone in the United States who, at any time in the past four years, received two or more telemarketing calls or texts within any 12-month period from the company at least 31 days after listing their phone number on the National Do Not Call Registry.

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