US
ESLife Protect Lawsuit
Posted by: Brian Schaffer
On December 19, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners and operators of “Life Protect”, including all of its present, former, and future direct and indirect parent companies, subsidiaries, affiliates, agents, and other related entities.
Life Protect is a Virginia corporation which claims to provide “quality medical alert systems and services for seniors.” The complaint alleges that Defendant utilizes an automatic dialing system (“ATDS”) to make prerecorded telephone calls to consumers who have not provided any prior express consent to receive such calls, in violation of the Telephone Consumer Protection Act (“TCPA”). The TCPA states that it is unlawful to make any call using an ATDS or prerecorded voice to any telephone number assigned to a cellular telephone service, and includes a private cause of action for such violations. Further, the Federal Communication Commission (“FCA”) has established regulations which place the ultimate responsibility for unlawful solicitations on the party who makes such solicitations. The Plaintiff class alleges that they have been subjected to unlawful harassing calls generated by the Defendant, without granting prior consent, which state a prerecorded message followed by the option of connecting to a live representative who solicits Defendant’s services. Plaintiffs contend that, in accordance with the TCPA, they are entitled to treble damages of up to $1,500 for each and every call to their cellular telephone numbers made using an ATDS and/or artificial or prerecorded voice.
We are seeking to represent those who have been subjected to harassing calls which solicit Defendant’s services through use of an ATDS or prerecorded voice message. Eligible parties should contact us in order to join the case. For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com.