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April 8, 2014 / Nic Underhill

T-Mobile Settles Robocall Class Action Suit

T-Mobile USA Inc. has agreed to settle a putative consumer class action in the amount of $5 million. The suit alleges that T-Mobile used autodialing technology to call non T-Mobile customers on their cellular telephones for telemarketing purposes without first obtaining the customer’s consent.

The suit alleges that T-Moblie violated the Telephone Consumer Protection Act of 1991 (TCPA) by using a “robo-dialer” to make mass-marketing calls to non-T-Mobile customers without their consent. A robo-dialer, or autodialer, is a type of telephone technology designed to call large numbers of people and play pre-recorded messages. Robo-dialers allow companies to make large-scale telemarketing calls at a very low cost.

 However, this practice is illegal under most circumstances pursuant to the TCPA. Passed in 1991, the TCPA restricts telephone solicitations and the use of automated telephone equipment. The TCPA limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines. The TCPA allows for a private right of action to consumers whose rights are violated under the law, as a means to deter violations.

 The 106,157 class members will each receive up to $90 if they submit a claim. Class members include any non-T-Mobile customer who received a cellphone call from T-Mobile using an automated system between September 4, 2008 and September 4, 2012. Class members had not given T-Mobile express consent prior to T-Mobile’s contact with them.               

If you or someone you know has being similarly harassed of or has been the victim of any other unfair business practices, please contact Khorrami Boucher Sumner Sanguinetti, LLP for a private consultation.

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