Marriott Facing TCPA Robocall Class Action Lawsuit

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San Francisco, CA: A proposed class action lawsuit has been filed against Marriott Vacation Club alleging the company made unsolicited robocalls to the consumers’ cellphones using an autodialer, in violation of the Telephone Consumer protection Act (TCPA).

Filed in California federal court by lead plaintiff, Cheri Astrahan, the proposed action alleges Marriott Vacation Club had, without her permission, used an automatic telephone dialing system with an artificial or prerecorded voice, to contact her cell phone. However, in 2003, she had added her her cellphone number to the national do not call registry.

“Plaintiff requested for defendant to stop calling plaintiff, thus revoking any prior express consent that had existed and terminating any established business relationship that had existed,” the complaint states. “Despite this, defendant continued to call plaintiff in an attempt to solicit its services and in violation of the National Do-Not-Call provisions of the TCPA.”

According to the proposed lawsuit, Marriott Vacation Club, a timeshare operator, made numerous unsolicited telephone calls to Astrahan’s cell phone over a 12-month period. Specifically, she claims that beginning in October, Marriott Vacation Club contacted her on her cellphone in an attempt to solicit her to buy the time share’s services.

However, on October 25, 2003, Astrahan claims, she revoked consent for the time-share company to call her cellphone by expressly requesting that the company cease its solicitation. The revocation ended any prior express consent that had existed and terminated any established business relationship that had existed between Astrahan and Marriott Vacation Club, according to the complaint.

In her complaint, Astrahan asserts Marriot Vacations Worldwide has committed four violations of the TCPA and she is seeking $500 in statutory damages for each negligent violation and treble damages of up to $1,500 for every knowing and willful violation.

The proposed nationwide class numbers in the thousands, so damages exceed the $5 million threshold for federal court jurisdiction under the Class Action Fairness Act of 2005, according to the suit. Astrahan is represented by Todd M. Friedman, Adrian R. Bacon and Meghan E. George of the Law Offices of Todd M. Friedman PC.

The case is Cheri Astrahan v. Marriott Vacations Worldwide Corp., d/b/a Marriott Vacation Club, case number 8:17-cv-02139, in the U.S. District Court for the Central District of California.

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Reader Comments

Posted by
Angela Guffey
on
I just received the call again 7724567819 and they use your local area code. I have remained on the line several times to tell them to remove me from the call list. I am also on the DNC register. When will congress make these ROBO calls stop, and fine the companies like Marriott that use them?

Posted by
David Friedeberg
on
I am receiving two to three calls a week. Requested they do not call. Blocked numbers and they call from other numbers

Posted by
David Friedeberg
on
I am receiving two to three calls a week. Requested they do not call. Blocked numbers and they call from other numbers

Posted by
verna Brown
on
I'm on the "Do not call list" which I keep remind them but they are still calling. I received the latest call tonight.

Posted by
Monica Driver
on
Numerous calls saying I won a free nights stay. I have asked to be removed but I keep getting calls

Posted by
Brenda Hetherington
on
Add my name please

Posted by
Pierre Belanger
on
They kept calling me every Friday for months, when requesting to get removed the person at the other end would hangup on me. Never will I go again in a Marriott.

Posted by
PETER MERCURIO JR
on
we have numerous times to stop calling us on our home phone. They tell us that we stayed at one of their hotels when we have not and we had one a free stay but ask for a credit card.

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