Club Esprit Call Centers Contacted Numbers on DNC Registry: Class Action
A vacation membership club used its call centers to place telemarketing calls to promote goods and services to numbers that were on the national do not call registry, and did so without recipients’ prior express written consent, a plaintiff alleged…
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in a Telephone Consumer Protection Act class action Monday (docket 1:24-cv-01022) in U.S. District Court for Southern Florida. Because Club Esprit's calls were transmitted using technology capable of generating thousands of similar calls daily, Kenneth Johansen brought his action on behalf of a proposed nationwide class of other persons who were sent the same illegal telemarketing calls, the complaint said. Johansen is not a Club Esprit customer and never consented to receive calls from the defendant, it said. But he received at least three Club Esprit telemarketing calls between Feb. 23 and June 11, it said. Johansen specifically requested to no longer receive calls after the defendant contacted him Feb. 23, but he still received calls, it said. Johansen and the other call recipients claim these calls harmed them, it said. For instance, they were temporarily deprived of legitimate use of their phones because the phone line was tied up, and their privacy was improperly invaded, it said. The calls also injured Johansen “because they were frustrating, obnoxious, annoying, were a nuisance and disturbed the solitude” of the plaintiff and the class, it said.