San Francisco, CA: A proposed class action lawsuit was filed against Windstream Communications Inc, part of Network Communications, alleging the company violated the Telephone Consumer Protection Act (TCPA) by calling residential phones without consent of the person being called, in order to deliver a prerecorded message.
In the lawsuit, entitled Righetti v. Windstream Holdings Inc., et al., number 3:13-cv-04597 in the U.S. District Court for the Northern District of California, plaintiff Matthew Righetti alleges that Windstream Communications and Windstream Holdings Inc., called him October 2 with a prerecorded message.
"Although plaintiff did not provide his residential phone number to defendants at any time or in any way, defendants initiated a telephone call to plaintiff' residential telephone line using an artificial or prerecorded voice to deliver a message,"the complaint states. "The telephone call received by plaintiff consisted of a prerecorded phone message using an artificial voice to advertise mortgage financing."
Righetti alleges the calls were not related to an emergency, which are exempt from TCPA. "Plaintiff did not provide 'express consent' allowing defendants to place telephone calls to plaintiff' residential telephone line utilizing an 'artificial or prerecorded' voice to deliver a message within the meaning of [the act],"according to the lawsuit.
Righetti believes he is not alone, but rather thousands of other people were called on their residential phone lines by Windstream without their permission.
"Absent a class action, most of the respective class members would find the cost of litigating their claims to be prohibitive, and will have no effective remedy,"the complaint states. "The class treatment of common questions of law and fact is also superior to multiple individual actions or piecemeal litigation in that it conserves the resources of the courts and the litigants, and provides consistency and efficiency of litigation."
The TCPA class action is brought on behalf of anyone in the US or its territories who received telephone calls to their residential telephone line within the last four years that used an artificial or prerecorded voice to deliver a message initiated by Windstream or anyone acting on behalf of Windstream.
Righetti is represented by Charles A. Jones and Kelly McInerney of Jones Law Firm.
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I had an agreement for a measly 4megs for $45/month I have been forced to use their service for 7 years now knowing that they are just re-branded AT&T I have NEVER had 3.5 megs much less 4 megs as agreed to. Now my bill is $70/month with the same CRAP lack of service. Though it is the 50th time I've called at least, I was assured someone would contact me "at their convenience" of course. That was last week, no call. I have been on hold now for 15 plus minutes as I'm typing. How is this allowed to go on legally? Ahh after15 minutes of waiting, automatically hung up on...nice!
Posted by Ronald Parker
With whom do we contact about seuwing this people or were do we sign up.i cant take any more stress or lies from these bullies. I cant just stay at home waiting for no one to show up because they think its ok to abuse people because we simply don't have option,unless you call paying Comcast 12000 dollars to install a splice a pole and wire the house an option.
Posted by Jennifer
I agree with Alan who posted on 6/3/17. Windstream is the worst company I have ever dealt with in my entire adult life. No one I have ever met has a good word to say about windstream. I could write volumes about the service record I have with them. My phone goes out or has ridiculous noise on it 95% of the time. I would consider joining a class action suit against them.
Posted by Alan
Wind stream is the only provider we have and our phone and internet is out more than in. I have had their service for 13 years and it is now just unuseable. They refuse to repair it and you cannot even talk to the upper mangement or contact the executive personel to solve the issues. I am at a loss to even know what to do. We are in the country and telephone service is needed for emergencies. Yet it is totally unreliable. It is time they provide the service we all pay for.
Posted by Roland Williams
I WOULD ALSO LIKE TO ADD THE COST VERSES THE ACTUAL SERVICE YOU RECIEVE. I AVE NOT HAD THE SPEED AND HAVE TO CALL THEM EVERYTIME I NEED TO ACCESS THE WEB
pLEASE HELP ME IN THIS MATTER
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