EAST ST. LOUIS - A class action alleging violations of the Telephone Consumer Protection Act (TCPA) has been filed at federal court in East St. Louis.
According to the suit filed April 3, Robert Hessee claims he received pre-recorded calls to his cellphone from Black Diamond Administrative Company LLC and Automotive Services Center without his prior consent.
The suit claims that the Federal Communications Commission in 2013 issued a ruling requiring prior consent for prerecorded robocalls to both residential lines and cellular telephone numbers.
Illinois-based Black Diamond offers vehicle warranties to car owners and it hires third parties, including Automotive Services, based in California, for telemarketing services, which includes the use of prerecorded calls, according to the complaint.
Hessee claims he received one of the robocalls on Jan. 14, 2021, advertising warranty services on his cellphone even though the number had been listed on the National Do Not Call Registry.
He also claims the company was not identified on the call, so Hessee decided to respond to the message to find out the name of the company. The suti claims he ultimately talked to a man who identified himself as a senior coverage specialist for Automotive Services Center, and he detailed warranty services from Black Diamond.
The lawsuit alleges that the calls violated the privacy of Hessee and other class members and also tied up their lines from legitimate calls.
The lawsuit cites a May 2013 FCC ruling that anyone who receives a call can seek evidence to determine where the call originated.
The proposed class would include anyone who received a call from Automotive Services or a third party representing them to their cell phone using a robocall over the last four years.
The suit seeks a declaration that the defendants violated the TCPA and asks the court to prohibit them from making such calls in the future.
Hessee is represented by Anthony I. Paronich, and they seek a jury trial.