New York, NY:Time Warner Cable Inc,(TWC) is facing a putative class action lawsuit filed by a former customer who asserts the company violated the Telephone Consumer Protection Act (TCPA). Specifically, the plaintiff, Raquel S. Mejia, alleges TWC used an autodialer to make at least two unsolicited sales calls a day to her cellphone in an attempt to win her business back.
Mejia claims she stopped using TWC in 2007 and never gave her consent to TWC to call her phone, nor did she have any business relationship with the cable provider after 2007.
According to the lawsuit, Mejia states that there were several indicators that the calls were made by autodialers, in violation of the TCPA. Specifically, she would sometimes answer a call and only hear background noise at what appeared to be a call center. A live call center representative would often take a few moments before engaging her, an indication they were not actively aware of an automatic dialing system' activities, she claims.
"Based on the circumstances of the calls, including but not limited to the multiple calls over a short period of time, plaintiff was not immediately engaged by a live person ... and defendant called despite plaintiff' requests to defendant to stop calling (indicating a computer automatically dialed the number again), plaintiff believed defendant called her cellular telephone using an ATDS that automatically selected her number from a computer database,"the complaint states.
Stating that "the TCPA was enacted to protect consumers from unsolicited telephone calls exactly like those alleged in this case,"Mejia, on behalf of herself and all others who received similar allegedly illegal calls, is suing for an injunction against the practice and treble damages of $500 per TCPA violation. She is also seeking attorneys' fees and costs, the complaint states.
Mejia is represented by Aaron Siri of Siri & Glimstad LLP, and W. Craft Hughes and Jarrett L. Ellzey Hughes Ellzey LLP. The case is Raquel S. Mejia, individually and on behalf of all others similarly situated v. Time Warner Cable Inc., case number 15-cv-06445 in U.S. District Court for the Southern District of New York.
Telephone Consumer Protection Act violations Legal Help
I Receive Robo calls from 7 AM in the morning to 9 PM at night I’ll tell him I’m not interested please do not call this phone number again but yet they keep calling I also received a call from Social Security lady Foreign speaking . Tell her to give me her badge number and a full name and she hung up on me another scam I’m tired of being scammed all day long I have about 25 numbers that I blocked out of my phone but yet they use another number and call me
Posted by Shari
How can I get added to the time Warner CABLE LAWSUIT? I am in NJ, and I received something a while back They ripped me off, and are continuing to. Thanks!
Posted by Katherine Brown
I would like to add my name to the suit. I had TWC with high speed internet when I lived in Manhattan.
Posted by Myrna Munoz
I also received calls from Time Warner after I dropped my services with them. I finally got fed up and started hanging up on the telemarker.
Posted by Kevin
Yes time Warner has called me at my house I received numerous calls from time Warner cable one from the Philippines and Dubai and Mexico I reported that to them to the use call center I also being held for money that I only have to pay $115 but they are stating that I have my roommate bill which is $450 granted I am social security my rent is $300 they kept calling from all over until I went into one the time Warner cable store in queens I had to be removed and sent to the psych ER because of the stress and bs they put me through mentally and physically and emotionally to had to get help to get better
Posted by Michael ziolkowski
I have received numerous robot calls in the past from twc to a cell phone which is my only phone. Two says no automated calls are allowed to cell phones.
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