A class action complaint has been filed against a telephone advertising company and Papa John's Pizza for making prerecorded advertising calls to cell phones.
The complaint states that Fidelity Communications and Papa Johns violated the Telephone Consumer Protection Act when it called plaintiff and others on their cell phones using an automated telephone dialing system and/or prerecorded or automatic voice messages.
According to the complaint, on July 28, 2009, the plaintiff received a voice message that began "[Unintelligible] at Papa John's calling. As one of our valued customers, I would like to offer you our VIP special."
The defendants have a telephone system where the system dials telephone numbers without human intervention, the complaint states.
The plaintiff wants, among other things, to prohibit the defendants from continuing to do this and $1500 per willful violation.
Read the complaint after the jump.
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Class action lawsuit against Papa John's for telemarketing
1 Comment
jack said:
It seems unusual for the mass caller to leave the evidence in voice mail (which I am sure the plaintiffs duly archived).
Maybe the protocol is different when calling a cell phone, but the only people who leave messages on my answering machine are politicians saying they are sorry that I couldn't participate in their telephone town meetings, like it actually was the politician and I actually was going to pick up the phone with a Washington D.C. caller ID.
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