Tue, 03/24/2015 - 15:45
Last September a class action lawsuit was filed against Wal-Mart in Florida for allegedly making automated prescription refill calls in violation of the TCPA. A new TCPA lawsuit against Wal-Mart has now been filed in the Northern District of Georgia, and is also seeking class action status.
The new suit alleges that Wal-Mart made at least 33 unsolicited automated calls to the plaintiff’s cell phone over a span of eleven days. When the plaintiff called Wal-Mart back at the number in the message, he was first asked for his Wal-Mart credit card number (he had no such card) and then asked for his social security number. When he refused to provide this information he was connected to a live operator who informed the plaintiff that they had no idea while he was being called, and that he would be removed from their “to-be-contacted” list.
This is another example of why it is crucial for businesses to carefully monitor their calling lists and procedures, and to ensure that (1) they are only using an autodialer to place calls when they have the appropriate consent, and (2) they are regularly updating their calling lists to reflect current customer numbers and preferences along with being dilligent with TCPA wireless phone scrubbing processes.