Marriott Vacation Club May Have Violated TCPA Laws with Unwanted Marketing Calls
In December, 2017, a class of consumers filed claims against the Marriott Vacation Club in federal court for continued illegal marketing harassment and violating the Telephone Consumer Protection Act (TCPA).
The complaint claims that the Marriott Vacation Club has been making unsolicited calls to cell phones despite the fact that the phone numbers are on the national “do-not-call” registry. Plaintiffs argue that Marriott Vacation Club has been making marketing calls with the use of an automatic dialing system followed by a prerecorded voice greeting. The plaintiff argues that she did not give the Marriott Vacation Club prior written consent to call her cell phone and that she actively told Marriott to stop calling.
The lawsuit is seeking $500 in damages for each of Marriott’s violations of the TCPA and up to $1,500 for every “knowing and willful violation” of the TCPA. Attorneys say that the class will be nationwide and damages may exceed $5 million. Other vacation clubs, including the following, may soon be investigated for similar illegal practices:
- Four Seasons
Violators of TCPA laws engage in illegal marketing practices and disregard common courtesy that should protect American consumers. Institutions that violate consumers’ private lives must be held responsible for their actions, and individuals have the right to seek legal action and rightful compensation.
Joe Lyon is a highly-rated Ohio lawyer representing plaintiffs nationwide in a wide variety of consumer protection claims.
Understanding the U.S. Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA) is a law designed to protect the public from constant, unwanted marketing. The TCPA provides clear guidelines for marketers and the law allows individuals to file lawsuits and collect compensation for receiving unsolicited telemarketing calls, pre-recorded, or robo-calls.
Prior express written consent is required for all autodialed and pre-recorded calls/texts sent to cell phones and pre-recorded marketing calls made to residential land lines. If you have received an automated call from a telemarketer without giving express written consent to contact you, this is a violation of the
Telephone Consumer Protection Act (TCPA).
A telemarketer must provide an option for any recipient to opt out of the phone calls by providing toll-free call-back numbers so recipients may add their phone numbers to a “do-not-call” list. The law also prohibits companies from using autodialers to call people. Using any type of call software as part of a telemarketing operation may violate the Federal Communications Commission (FCC)’s definition of autodialing.
But today, vacation clubs and other companies still ignore explicit TCPA laws and engage in illegal robo-calling and autodialing practices. As a result, consumers and attorneys have filed lawsuits, and have settled class action claims for millions of dollars.
Frequently Violators of TCPA Laws
- Vacation Clubs
- Debt collectors
- Banks & Credit card companies
- Student loan companies
- Mortgage companies
- Check-cashing companies
- Politicians and Political parties
Recent Targets of TCPA Lawsuits
- Marriott Vacation Club
- Global Exchange Vacation Club
- Sirius XM
- Wells Fargo
- State Farm
- American Express
- Capital One
If you never provided written consent, or if you enrolled in a “do-not-call” registry, and vacation club marketers continue to call or text your phone, you can contact an experienced consumer protection attorney, file a lawsuit and seek compensation for up to $1,500 per illegal call.
If you have received persistent, unlawful marketing calls from Marriott Vacation Club or another vacation club and have questions about the legal options available in Ohio, contact The Lyon Firm (800) 513-2403. You will speak directly with Mr. Lyon, and he will help you answer these critical questions.