This Monday, plaintiff Mark Aussieker filed a putative Telephone Consumer Protection Act (TCPA) class action lawsuit against Worth Unlimited alleging that the company illegally made pre-recorded voice telemarketing calls without recipient consent. The Eastern District of California filing seeks to certify a nationwide class of victims who similarly experienced Worth’s allegedly improper mass marketing calls.
The complaint opens with a quote from a Supreme Court TCPA opinion handed down earlier this year. “‘Americans passionately disagree about many things. But they are largely united in their disdain for robocalls,’” the complaint recites. According to the filing, the defendant company made a pre-recorded voice call to the plaintiff on June 4 without his prior express consent, infringing upon his right to seclusion, interrupting his daily life, and wasting his time.
The complaint explains that Worth Unlimited is a Utah limited liability company that offers debt relief services nationwide. It allegedly uses pre-recorded voice telephone calls as a sales conduit. The complaint contends that “[w]hile such automated technology may save time and money for Worth Unlimited’s telemarketing efforts, it violates the privacy rights of the Plaintiff and putative class.”
The complaint seeks to certify a “robocall class,” comprised of people who received an artificial or pre-recorded voice call on their cellular telephone number or residential landline by Worth or a third-party acting on its behalf in the last four years. The single count charges the defendant with a violation of the TCPA’s automated call provisions.
For its alleged infractions, the plaintiff seeks class certification, injunctive relief prohibiting Worth from making pre-recorded voice calls absent emergency circumstances, and statutory damages.
The plaintiff is represented by Kaufman P.A.