1. Home Security Calls
A Davidson County resident who claims to have received at least twenty-eight phone calls, sometimes only one or two seconds apart, from callers purporting to be conducting a “safety survey” but in fact marketing home security systems and related services. According to the plaintiff, the marketing effort turned out to be in support of a deal pursuant to which the recipient would accept the installation of a “free” home security system by Security Systems Inc. d/b/a Safeguard America (“Safeguard America”) and would agree to pay ongoing fees for monitoring services to be provided by Rapid Response Monitoring Services, Inc.
2. Do Not Call List Legal Claims
According to one court, “The injuries associated with unwanted marketing calls may be comparatively slight, but they are both real and well documented. Unwanted telemarketing can be a “nuisance” and “an intrusive invasion of privacy.” Mims v. Arrow Fin. Servs., LLC, 565 U.S. 368, 372 (2012) (quoting TCPA, 105 Stat. 2394, note following 47 U.S.C. § 227). Abusive telemarketing can also “waste the recipients’ time” and may even in some cases “impede the free flow of commerce.” Am. Copper & Brass, Inc. v. Lake City Indus. Prod., Inc., 757 F.3d 540, 544 (6th Cir. 2014). Such intangible harms were no strangers to the courts even before Congress chose to address them—”[a]ctions to remedy defendants’ invasions of privacy, intrusion upon seclusion, and nuisance have long been heard by American courts, and the right of privacy is recognized by most states.”
In 1991, Congress, in part due to the interstate character of much telemarketing, elected to combat certain particularly unwelcome telemarketing practices by adopting the TCPA.2 47 U.S.C. 227. The TCPA provides for enforcement both by state governments, 47 U.S.C. § 227(g)(1), and private individuals who are the targets of certain prohibited practices, 47 U.S.C. § 227(b), (c)(5).
If you received unwanted calls, you may be entitled to compensation.
Call (973) 598-1980 for a Free Consultation on your Do Not Call List Claims
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