Kaiser Robo Calls Prompt Class Action, Recipient Says
SAN FRANCISCO (CN) -- Kaiser uses autodialers to make marketing calls in violation of the Telephone Consumer Protection Act, a class claims.
John F. Shonkwiler, individually and on behalf of all others similarly situated, brings a consumer class action against Kaiser Foundation Health Plan Inc. in U.S. District Court in the Northern District of California for violations of the Telephone Consumer Protection Act.
Shonkwiler claims that Kaiser made unsolicited marketing calls to his cell phone using autodialers that generate data which is then analyzed to determine how many calls are answered, when they are answered, how long it takes for the phone to be answered and how long the recipient stays on the line. This information is then used to design an optimized schedule for telemarketers, according to the action.
Shonkwiler says he received such calls on his cell phone, and a prerecorded or artificial message stated they were on behalf of Kaiser. The calls request that the recipient to “press 1 to speak to a customer representative, or press 9 to be removed from the call list,” but the calls end before any response can be made, he said.
These calls are made to thousands of wireless telephone numbers, either through a random or sequential number generator or from a list, and are made to people who did not consent to or request these calls, Shonkwiler says, in violation of the Telephone Consumer Protection Act, which mandates that prior express written consent before such calls are placed to cell phones.
In addition to the nuisance, invasion of privacy and aggravation, Shonkwiler says consumers “suffered actual damages in the form of monies paid to receive the calls on their cellular phones.”
Shonkwiler seeks actual or statutory damages, an order prohibiting Kaiser from making further robocalls to consumers’ cell phones without prior consent, and legal costs.
Plaintiff is represented by Gene J. Stonebarger and Richard D. Lambert of Stonebarger Law APC in Folsom, California and by Richard L. Miller II, Todd L. McLawhorn and Ke Liu of Siprut PC in Chicago, Illinois.