Place For Mom Class Action Lawsuit – Does the Telemarketer Violate the TCPA?
A Place For Mom class action lawsuit has recently been settled out of a $6.5 million settlement offering monetary settlements for consumers who were exposed to an unwanted telemarketer. The lawsuit covered a range of telemarketers. The class action suit was brought against AT&T, Verizon, Discover Card, and T-Mobile. The plaintiffs were targeted by an onslaught of telemarketers who contacted them by phone or by mail to try and sell goods and services through a variety of marketing methods.
In order to win the suit, the plaintiffs had to prove that the telemarketer’s conduct was a violation of the federal Telephone Consumer Protection Act (TCPA). The lawsuit, known as “Plaintiffs’ Telemarketing Sales Settlement,” named a long list of telemarketers including call centers, Direct Marketing Companies, Telemarketing Services, and the National Do Not Call List. The plaintiffs had to show, in a court of law, that the conduct by the defendants violated the TCPA.
The Telephone Consumer Protection Act is a part of the Federal Trade Commission Act of 1978. The TCPA states that a telephone company may not make any telemarketing calls to, from, or within the United States, unless they have the consent of the caller. The TCPA also prohibits a telemarketer from calling a person more than once within three years without first getting permission.
Telemarketers have long used telemarketing scripts to direct customers to specific sales offers. The scripts can be deceptive, however, because they provide false information to potential clients about the benefits of a product or service. By using these scripts, telemarketers can avoid detection by telemarketers and other phone users, making it difficult for customers to know what they can expect from their interactions with the telemarketer.
The Place For Mom class action lawsuit alleged that these telemarketing scripts constituted the illegal use of telemarketers in violation of the TCPA. The plaintiffs claimed that these scripts misled and intimidated customers into buying products, services, and/or credit cards from a telemarketer that would not or could not deliver. The telemarketers did this by telling the customers that they would receive free gifts if they purchased certain products or services, or even that they would get cash rewards. when they signed up for credit card plans. These statements often did not contain enough information to persuade customers to purchase these items.
In addition to the claims in the Place For Mom Class Action Lawsuit, there were several other allegations. For example, the plaintiffs alleged that these telemarketer scripts caused the customer to believe that they would receive reward points if they purchased products through a particular program or would earn points toward rewards. When the customer asked for a receipt for the items, the telemarketer told them that the receipt would be sent to them.
Additionally, the complaint alleged that the telemarketer’s script instructed customers to purchase only credit card programs and services, not cash or checks. The complaint also claimed that they were warned repeatedly not to ask for checks. The complaint alleged that a telemarketer once even threatened to charge the credit card of a customer if he or she did not follow the script. The complaint alleged that the telemarketer, in one of its scripts, told a customer not to tell anyone else.
In order to win the Place For Mom class action lawsuit, the plaintiffs had to prove that the telemarketer knowingly and intentionally made false statements and caused the customer to be misled. The jury awarded the class of plaintiffs approximately $3.5 million. Due to the high cost of litigation, the amount awarded was reduced and the case was settled.