Creditor Facing TCPA Class Action Over Wrong Number Calls to Cell Phone

An individual has filed a class-action lawsuit against Charter Communications, alleging the cable provider violated the Telephone Consumer Protection Act by making calls to her cell phone without her consent because it was looking for someone else. The calls allegedly continued after the plaintiff told a representative of the defendant that she was not the person the defendant was looking for.

A copy of the complaint in the case of Carlier v. Charter Communications can be accessed by clicking here. A published report indicated that this is at least the fifth TCPA case filed against the defendant this year.

The plaintiff listed six calls in her complaint that she received from the defendant during the past two months. In each of the calls, the defendant has sought to collect from someone who is not the plaintiff. The plaintiff alleges she told the defendant that she was not the person the defendant was looking for on one of the first calls she received, but the calls have continued.

The plaintiff heard a momentary pause when she picked up the phone on some of the calls, a “hallmark” tell of an automated telephone dialing system, according to the complaint. On other calls, the plaintiff heard pre-recorded messages from the defendant.

In filing a class-action, the plaintiff is seeking to include anyone else who received a call on his or her cell phone from the defendant without providing consent to be contacted when the call was either made using a pre-recorded message or using an ATDS.

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