Charter’s ‘Wide-Scale Calling Campaign’ Violates TCPA, Alleges Dallas Class Action

Charter Communications calls consumers nationally to promote its Spectrum TV and internet bundles, using prerecorded messages to people who didn’t provide their prior express written consent to receive them, or whose numbers are listed on the national do not call registry, alleged plaintiff George Morris’ class action Friday (docket 3:23-cv-01741) in U.S. District Court for Northern Texas in Dallas. Morris seeks “redress for all persons injured” by Charter’s conduct, it said.

Charter continues to conduct a “wide-scale calling campaign,” repeatedly making unsolicited telemarketing robocalls in violation of applicable federal law, said the complaint. Among the examples of Charter’s TCPA wrongdoing, it customarily calls people “who have affirmatively requested not to be called,” it said.

The calls began in December 2020 and haven’t stopped, alleged Morris’ complaint. Before the calls at issue in the class action began, Morris hadn’t had any contact with Charter nor did he use any of its services, it said. The Carrollton, Texas, resident never consented “in writing, or otherwise,” to receive Charter’s prerecorded calls, it said, and he has no interest in Spectrum’s TV and internet services or bundles.

Morris and his proposed class members suffered “concrete harm” due to Charter’s conduct, alleged the complaint. The harms include lost time, plus the loss of the use of their phones as the calls came in, it said. Consumers throughout the U.S. also incurred “involuntary” phone charges, and involuntary energy charges due to the increased battery use necessitated by the calls, plus “mental and emotional distress,” it said.

Morris and all his proposed class members “are entitled to compensation for these harms,” said the complaint. It seeks monetary damages of at least $500 for every call made in violation of the TCPA, and up to treble damages for every willful or knowing violation of the TCPA. Morris also alleges the violations “are substantially likely to continue in the future if an injunction is not entered,” it said. Charter declined comment.