Robocall Telemarketing, Collection and other “ADAD” Calls

Many businesses illegally seek to advertise their services or products, or to collect on past due accounts with robo-calls. Depending on the circumstances, such calls can be illegal under both state and federal law. The calls are also objectionable because they tie up the phone system, interfere with privacy and often deprive the recipients of the ability to question the calling party.

An automatic dialing and announcing device (“ADAD”) automatically dials telephone numbers and plays a recorded message once a connection is made. These are annoying calls that can disturb us during our busy day, or while having our meals or relaxing with our families in the evening. If the phone is picked up, consumers will hear a computer recorded voice attempt to solicit them to purchase goods or services the business sells. These calls are illegal under both state and federal law, creating potential liability for statutory damages.

Under Washington law, use of ADAD devices for commercial solicitation is prohibited by statute, and is also a violation of the Washington Consumer Protection Act. As indicated, ADAD calls to residences and businesses are also restricted by federal law, and, while there are exceptions, such calls to cell phones are generally prohibited regardless of the nature of the call.  Both Washington law and federal law impose statutory damages for violation of statutes regulating ADAD calls. Washington law also provides for the award of attorney’s fees to those who successfully seek enforcement of the laws. When we obtain a settlement or judgment on behalf of a class of plaintiffs, our fees are set by the court and typically paid from the fund created or by the defendant.

Our firm has brought a number of class action lawsuits against businesses that utilize ADAD machines to solicit consumers to purchase property, goods or services and against collection agents and the businesses that utilize their services. If you are interested in taking action against these offending businesses or collectors, try to save the messages left by ADAD callers so that we can listen to the recordings and determine whether potential legal claims exist. Where messages have not been saved but you can recall the date and content of ADAD calls received, this information can also be quite helpful.

We have brought suits against many companies that blast clients with these unwelcome calls. Settlements have been reached in our firm’s cases and in cases we have handled with co-counsel, against Verizon, Automotive Warranty, Capital Options, Direct Capital, Sprint, Best Buy, AT&T, Comcast, Clearwire, Intuit, several additional retailers, and others.