The roughly $1,300,000 class action settlement would benefit those whose phone numbers were collected by the corporation as part of a Facebook advertising. The phone numbers used in these calls and messages were on the national Do Not Call Registry. Customers were allegedly called without their authorization, and prerecorded messages promoting a $5000 prize lottery were left on their answering machines. West Shore Class Action Lawsuit SettlementĪn active class action in 2022, this case revolves around a home renovation company, West Shore Home, which acquired consumer phone numbers through an online advertising campaign. Everyone who received phone calls from or on behalf of Home Depot or Atlantic Water and Air between October 16, 2013, and June 1, 2015, was included in the class. This was to resolve allegations that Atlantic Water and Air, acting on behalf of Home Depot, made telemarketing pre-recorded calls and used an automatic telephone dialer without first obtaining "prior express written consent." A total of $5,000 will be paid to the class, with identified plaintiffs getting a $7,500 incentive reward. Home Depot and Atlantic Water and Air agreed to a $4,350,000 settlement on May 23, 2019. Some of these cases include:ĭepot and Atlantic Water and Air Settlement Claim There have been several 7 and 8-figure class action settlements directly due to alleged violations of the TCPA in the past few years alone. Before a TCPA class action is filed, there must be a valid underlying TCPA claim. According to one study, the number of TCPA cases has risen from five in 2002 to 4,392 in 2017. The TCPA has resulted in a flood of class-action lawsuits. Fines may be imposed if the rules of the regulation are not followed, and sometimes if a single company has been shown to perpetrate violations of the TCPA, class actions may be started by a few of those people on behalf of a much larger "class" of people who have had the same experience. Furthermore, it makes it mandatory for businesses to keep their own organization-specific "do not call" lists to avoid making unwanted calls. Telemarketing calls and automatic telephone dialing systems are prohibited under the Telephone Consumer Protection Act, both of which have contributed to a rise in nuisance calls to American customers. The law often requires consumers to express consent to receiving soliciting messages and provides a right of action for TCPA violations. The TCPA aims to reduce the intrusiveness of some uncontrolled telemarketing communications made without prior consent. The Telephone Consumer Protection Act of 1991 (TCPA) is a government law that controls how businesses use telemarketing strategies like text messaging and pre-recorded voice communications.
However, companies may have had to been more mindful of the law when marketing like this to consumers due to the Telephone Consumer Protection Act (TCPA). Sending text messages to consumers is an effective way to drive engagement and ultimately make sales. Text messages have outpaced emails as 95% of texts are read in ninety seconds or less.
As consumers increasingly rely on mobile devices for their everyday needs, marketers and other advertisers need to reach them via text or call.
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