Sunrise Health violates the Telephone Consumer Protection Act by sending telemarketing text messages promoting its weight loss services to Margo Simmons and other putative class members after they requested to no longer receive such communications, alleged Simmon’s class action Wednesday (docket 4:24-cv-02023) in U.S. District Court for Northern California in Oakland. Simmons replied “stop” to the Sunrise text messages she began receiving March 9, but the messages kept coming, said her complaint. To engage in telemarketing, a company’s do not call list procedures must satisfy six specific minimum requirements under the TCPA, it said. Those include, maintaining an internal DNC list; training personnel about the existence and use of the internal DNC list; and recording DNC requests and complying with them, it said. If a company fails to satisfy any one of those requirements, it’s not entitled to engage in telemarketing, and violates the law by doing so, “regardless of whether it satisfies all of the regulation’s other requirements,” said the complaint. Simmons and the class have been harmed by Sunrise’s acts “because their privacy has been violated and they were annoyed and harassed,” it said.
Keller Williams Realty uses telemarketing to promote its services and solicit new clients, and in so doing, it violates the Telephone Consumer Protection Act by calling consumers without consent, including calls to phone numbers listed on the national do not call registry, alleged Mark Ortega’s class action Tuesday (docket 5:24-cv-00332) in U.S. District Court for Western Texas in San Antonio. Ortega seeks injunctive and monetary relief for all persons injured by the realty company’s conduct, said the complaint. Though the San Antonio resident’s cellphone number has been listed on the DNC registry for more than a year, he still received at least two telemarketing calls and text messages from Keller Williams on March 4, advertising the listing of a home, it said. Ortega’s attorney emailed Keller Williams the next day, asserting that the plaintiff didn’t consent to receiving communications from the company, and demanding damages, it said. An attorney for Keller Williams answered the email March 20, denying the demand, it said.
LoanDepot’s “lack of oversight” of its security controls and implementation of enhanced security measures "only after” a January data breach are “inexcusable,” said a class action Tuesday (docket 4:24-cv-00239) in U.S. District Court for Western Missouri in Kansas City.
Despite AT&T’s assertion in 2021 that a hacked database containing the personally identifiable information (PII) of 70 million AT&T customers “does not appear to have come from our systems,” three years later “the same customer data from 2021 is no longer just for sale,” but it also “has been fully exposed on the Dark Web,” alleged a class action Tuesday (docket 1:24-cv-01414) in U.S. District Court for Northern Georgia in Atlanta.
Home Depot “deceptively embedded spy tracking pixels in marketing emails” it sent to consumers, alleged a privacy class action Tuesday (docket 2:24-cv-00730) in U.S. District Court for Arizona in Phoenix. The suit alleges Home Depot and tracking software company Validity violated Arizona’s Telephone, Utility and Communication Service Records Act (A.R.S).
Former GOP presidential candidate Vivek Ramaswamy seeks the dismissal of Thomas Grant’s Telephone Consumer Protection Act class action for lack of standing, failure to join the correct party and failure to state a claim, said his motion Tuesday (docket 2:24-cv-00281) in U.S. District Court for Southern Ohio in Columbus.
Cherry Technologies, a payment plan company for managing dental patients’ out-of-pocket costs, “specifically denies” any Telephone Consumer Protection Act wrongdoing, said its answer Monday (docket 9:24-cv-80005) in U.S. District Court for Southern Florida in West Palm Beach to Kawa Orthodontics’ Jan. 3 class action (see 2401040001). Kawa alleges Cherry sent it and at least 40 other recipients unsolicited fax ads in mid-December trumpeting how patients could take advantage of unused dental benefits expiring at the end of the year. The faxes used “a generic advertising template suitable for mass transmission to numerous recipients,” said the complaint. But Kawa and the putative class members are barred from asserting claims in whole or in part to the extent that the faxes at issue were sent to an online fax service, virtual fax or efax and not to a physical fax machine, said Cherry’s answer. Any claim for treble damages under the TCPA is barred because Cherry didn’t engage in knowing or willful misconduct, it said. Kawa and the putative class members lack standing to bring the claims alleged in the complaint because they didn’t suffer “a concrete harm that is fairly traceable to a violation” allegedly committed by Cherry, it said. The TCPA and the regulations and rules promulgated under it violate the First Amendment, “including by imposing content-based restrictions on speech that fail to withstand strict scrutiny,” it said. To the extent Kawa contends that the TCPA restricts informational communications, its interpretation of the TCPA also violates the First Amendment, it said.
Robert Hossfeld and Wes Newman have each had his cellphone number listed on the national do not call registry for more than four years, but despite repeated DNC requests, Allstate and agents on its behalf keep calling their cellphones to advertise and sell Allstate goods and services, alleged their Telephone Consumer Protection Act class action Monday (docket 1:24-cv-02613) in U.S. District Court for Northern Illinois in Chicago. The incessant calls show that Allstate’s internal DNC practices don’t “properly track the requirements” of the TCPA, or that Allstate hasn’t “properly implemented the policies” it has in place, said the complaint. The TCPA requires that sellers and those that make calls on their behalf coordinate internal DNC lists to effectively stop unwanted solicitation calls, it said. But Allstate doesn’t coordinate DNC requests among itself, its agents and their vendors, “let alone ensure that those telemarketing on its behalf scrub their call lists against a comprehensive internal DNC list,” it said. Texas resident Hossfeld has sued Allstate for TCPA violations three times before, but none of his prior actions caused Allstate to change its policies or practices, and he has continued to receive Allstate telemarketing calls, said the complaint. Because Allstate’s TCPA violations are happening on a “massive scale,” Hossfeld and Newman of Illinois brought their lawsuit to secure money damages and injunctive relief on behalf of themselves and others who similarly endured Allstate’s violations, it said. Court records show their class action is the 29th TCPA complaint filed against Allstate since October 2015.
Three tracking pixels on the Reuters website collect visitors' IP addresses in violation of the California Invasion of Privacy Act, alleged a class action Monday (docket 1:24-cv-02466) in U.S. District Court for Southern New York in Manhattan.
Since AT&T announced Saturday that “data-specific fields” were part of a data set involving 7.6 million current and 65.4 million former customers released on the dark web March 16, nine negligence class actions have been filed in U.S. District Court for Northern Texas in Dallas, including five by Kendall Law.