8.26.20 – LawStreetMedia
On Monday, Armania Ingram filed a Telephone Consumer Protection Act (TCPA) class-action complaint in the Eastern District of Tennessee against ADT LLC. The complaint alleges that the company called her using an automatic telephone dialing system without her consent in violation of the federal statute and accompanying Federal Communication Commission rules.
ADT is a security and alarm monitoring company that provides services to residential homes and businesses. It is a Delaware limited liability company, however, the plaintiff said the company does business in Knox County, Tenn. where the lawsuit was filed.
The 13-page complaint contends that the plaintiff began receiving calls from ADT on her cell phone in July 2019. According to the filing, the plaintiff said “sometimes she heard a noticeable pause (characteristic of autodialed calls) followed by a live person and sometimes she heard an artificial or prerecorded voice.”
Although she asked ADT to stop calling on numerous occasions, the calls continued, and “totaled in the hundreds if not thousands.” The phone calls, the complaint argues, were “repeated, annoying, intrusive and harassing.” These actions, the plaintiff contends, amount to both a willful or knowing violation and a statutory violation of the TCPA.
The complaint asserts that the defendant uses Avaya’s Proactive Contact system to make autodialed calls. Further, it contends, the Avaya system is one “the Sixth Circuit recently held qualifies as an automatic telephone dialing system.” The complaint asks for certification of a nationwide class of people contacted by ADT on their cell phones beginning on August 24, 2016 without their prior consent.
The plaintiff seeks relief enjoining ADT from making more calls in violation of the TCPA , attorneys’ fees and costs, and statutorily provided damages.
The plaintiff is represented by The Higgins Firm, PLLC.