Mark one victory in the fight to hold accountable violators of consumer rights under the Telephone Consumer Protection Act. A federal judge in Illinois agreed to certify a class-action lawsuit against a telemarketing firm accused of repeatedly calling people without their authorization – even after the company had been asked to stop.
The case, Toney v. Quality Resources Inc., will proceed as a class action after the U.S. District judge ruled named plaintiff’s arguments were persuasive. The calls in question were reportedly automated, and began only after the individual’s in question provided their phone number when making a a purchase of children’s slippers from a third-party online vendor. That contact information, it now seems, was sold to the telemarketing firm, which then used it to target for telephone solicitations. This had allegedly been going on since 2009.
Named plaintiff, who filed her claim originally in 2013, claimed defendant telemarketing firm called her cell phone time after time after she ordered the slippers. Her phone number was on the National Do Not Call Registry. After the telemarketer purchased the information from the slipper company, the telemarketer called those individuals under the guise of confirming customer’s child slipper orders. In fact, the real reason for the call was to convince those consumers to purchase online coupons from a discount retail site, which had contracted with the telemarketer. That discount retail operator was later added to the consumer rights lawsuit, and later settled for $2.15 million. Continue reading