Cell Phone Carrier Facing TCPA Class Action Over Collection Calls to Wrong Number

A class-action complaint has been filed in Florida against a cell phone carrier and the vendors and third parties it uses to place outbound calls, alleging violations of the Telephone Consumer Protection Act by making more than 50 debt collection calls using an automated telephone dialing service to a wrong number, after being informed that the defendant had the wrong phone number.

A copy of the complaint in the case of Smith v. T-Mobile et al can be accessed by clicking here.

The plaintiff — Brad Smith — answered his cell phone in February and was greeted with an artificial or pre-recorded voice that said, “this call is for Kimberly Hemmerly…” The voice indicated that a live agent could be reached by pressing “0” on his phone, so the plaintiff did that. The plaintiff notified the representative of the defendant that the defendant was calling the wrong number in trying to find Kimberly Hemmerly and that the “misguided” calls cease, according to the complaint.

Two weeks later, the plaintiff answered his phone, again to hear the same pre-recorded or artificial voice asking for Kimberly Hemmerly. Again, the plaintiff pressed “0” to speak with a representative, informed the representative that the defendant had called the wrong number, and asked for the calls to stop.

The defendant allegedly made “no less than 50 misguided robocalls” to the plaintiff’s cell phone, even though the plaintiff had never provided his cell phone number to the defendant.

The plaintiff is seeking to include anyone in the United States who received calls on their cell phones using an artificial or pre-recorded voice that attempted to contact a third party without the proper consent.

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