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TCPA Class Action Filed Against Appsolutely Media

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Two California men have sued search engine optimization services company Appsolutely Media for making pre-recorded voice calls to their cell phones without their consent. The Central District of California complaint states one cause of action for violations of the Telephone Consumer Protection Act (TCPA).

According to the filing, one of Appsolutely Media LLC’s  strategies for marketing its services and enticing customers is telemarketing. It reportedly does this by using pre-recorded messages.

On June 4, 2019, both plaintiffs said they received pre-recorded calls on their cell phones advertising search engine optimization services. In order to ascertain the identity of the caller, the plaintiffs engaged, and determined that it was Appsolutely Media. The calls were reportedly made without the consent of the plaintiffs and in violation of the anti-spam law.

“Because telemarketing campaigns generally place calls to hundreds of thousands or even millions of potential customers en masse, Plaintiffs bring this action on behalf of a proposed nationwide class of other persons who received illegal telemarketing calls from or on behalf of Defendant,” the complaint says. Accordingly, the lawsuit seeks to certify a “Pre-Recorded Call Class,” consisting of people who received a pre-recorded or artificial voice call from or on behalf of the defendant on their cell phones in the last four years.

The plaintiffs seek an award of $500 in damages for each call made in violation of the TCPA and $1,500 for each call in wilful/knowing violation of the statute. The complaint also requests declaratory relief and injunctive relief barring the defendant from committing future violations.

The plaintiffs are represented by Kaufman P.A.

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