lawsuit against Vivint is alleging it violated the Telephone Consumer Protection Act (TCPA) by auto-dialing consumers’ cellphones without their consent.
Illinois resident Christopher Johansen alleges in the Vivint class action lawsuit that the company violated consumers’ privacy rights and the federal TCPA by robo-calling consumers and leaving prerecorded voice messages on their cellphones without their “prior express permission or invitation.” The alleged violations occurred between May 2011 and October 2011.
The TCPA prohibits companies from using an automatic dialing system or artificial or prerecorded voice to contact consumers unless they have provided prior express consent. The TCPA carries a $500 fine per violation.
Johansen is seeking to represent a proposed class of all people in the U.S. who were called on a cellphone by an auto-dialing system or prerecorded voice at Vivint’s direction without providing Vivint permission to do so.
The Vivint TCPA class action lawsuit is seeking $500 in statutory damages for each TCPA violation and, if the court finds those violations were committed willfully or knowingly, trebled damages of $1,500 per violation.