Best Buy Violates Tcpa For Unsolicited Advertisements In Automated Calls
A customer was repeatedly persuaded to update his rewards programs account information through an automated call from Best Buy Stores. Best Buy’s automated calls violated the Telephone Consumer Protection Act (“TCPA”), according to the U.S. Court of Appeals for the Ninth Circuit.The TCPA states that sending prerecorded messages through telephone calls without prior consent of the called party is prohibited. However, the Federal Communications Commission allows exemptions to certain companies for commercial calls. The FCC considers automated commercial calls that contain information only and that exclude unsolicited advertisements an exemption but “dual purpose” calls (calls that contain both information and an advertisement), do not fall under this exemption.The TCPA defines unsolicited ads as “material advertising the commercial availability or quality of any property, goods, or services,” 47 U.S.C. § 227 (a)(5).Listeners were urged to redeem their rewards, were asked to go to a website to be further involved with the rewards program and were thanked for shopping at Best Buy. According to the court’s investigation, since the automated calls from Best Buy involve redeeming rewards points through shopping, the points become useless. The ads present in the calls also make them part of the scope of the TCPA as they constitute telemarketing under do-not-call regulations.“We approach the problem with a measure of common sense,” the court wrote. Even though the messages did not openly state a product, they motivate customers to go to Best Buy stores.“Neither the statute nor the regulations require an explicit mention of a good, product, or service where the implication is clear from the context,” the court added.The plaintiff was part of the federal do-not-call list and had frequently asked Best Buy not to contact him. Thus, Best Buy’s calls violated the TCPA and the do-not-call regulations.A statement from Best Buy states the company’s belief that customers have already given consent to receiving ads upon signing up for the rewards program. The court, however, disagreed and remained firm in its decision.So, what should you do when you get a robocall? Hang up the phone. Do not press 1 or any other numbers to get off the list. Then, contact Agruss Law Firm, LLC, for a free consultation. The Federal Trade Commission has stopped billions, yes billions, of robocalls in the last two years. Agruss Law Firm, LLC, will do the same for you. We will aggressively enforce the law to stop robocalls. Not only will we stop the calls, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text. Contact us today at 888-572-0176 or at www.WeStopRoboCalls.com for a free consultation.
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