Publix Class Action Lawsuit
ATA Class Action Lawsuit
Do you know of any lawyers who work on a Publix Class Action Lawsuit? If you do not, you should think about starting one today. The class action suits filed by former employees of Publix stores into court bring serious and often life threatening damages to the employers. In fact, some of the suits have been known to settle for very substantial sums of money.
Publix Class Action Lawsuit
One of the lawsuits that we are talking about is the case of Keith B. Lissner, et al v. Publix Stores, LP. The class action lawsuit states that the defendant, Publix Stores, LP, systematically call their retail store customers at very late hours of the night and repeatedly violate the Telephone Consumer Protection Act. In fact, it goes on to say that the defendants call the customers on a regular basis and ask them if they would like to place a large advertisement for an unrelated product on their windshield. The lawsuit further states that these phone calls are done with the understanding that the customer would then sign a Class Action lawsuit against the company.
Keith B. Lissner was one such customer. The attorney stated that Keith regularly called the store around eight o’clock in the evening with repeated attempts to sell him a beverage. The attorney also stated that Keith frequently dialed the local time-consuming dialing system which automatically placed the sale call on the store’s phone system. The phone calls were so frequent that the attorney believed that Keith regularly received more than two hundred phone calls per day. The class action lawsuit also states that the defendants did not take any steps to ensure that the local time-consuming dialing system complied with the Telephone Consumer Protection Act.
The Publix Class Action Lawsuit further states that defendant-company failed to take reasonable precautions to ensure that its system complied with the Telephone Consumer Protection Act or that it implemented an adequate dialer system.
Additionally, the lawsuit states that defendants knew or should have known that the prerecorded voice used in its automatic telephone dialing system was never used by any of their employees. These employees were never trained on proper procedures for making such voice calls nor were they ever instructed how to properly terminate calls made to the system by using either the company’s equipment or the training equipment provided by the store. Additionally, the plaintiffs argue that the defendants never utilized written policies that would have kept them aware of the improper dialing practices.
There are several class action lawsuits that have been successful in the past.
One such case was brought against American Telephone and Communication Authority (ATA) Inc. and its former divisions. The class action lawsuit alleged that the ATA Inc. used a “robot” to make automated calls to people it was engaged in business with and it Violated the Telephone Consumer Protection Act because the automated calls violated the federal statute which mandated that companies using automated phone dialers must inform consumers that they were using such systems and must provide a way for the consumer to opt out of the system.
The Publix Class Action Lawsuit further states that the ATA did not notify the community that it was using robocalls and did not offer a way for the community to opt out of the system.
The ATA was fined $1.75 million and is required to implement a way for people to avoid being served by robocalls. This, according to the complaint, is in violation of the federal Telephone Consumer Protection Act. If you have been a victim of one of these improper phone calls, it is highly recommended that you seek legal counsel immediately.
In addition to seeking monetary damages, the Publix Class Action Lawsuit also seeks injunctive and equitable relief.
Although the ATA has been able to avoid judgment in the past, this lawsuit states that they are no longer able to circumvent the federal Telephone Consumer Protection Act. Additionally, the lawsuit states that the defendants failed to give proper warning prior to imposing the automatic dialer system on their customers. The plaintiffs further state that since the ATA failed to warn the community that it was using these auto-diallers, they are in violation of the Telephone Consumer Protection Act. Lastly, the lawsuit states that they are owed damages totaling approximately $5 million and that the defendant ATA is responsible for paying these damages.
The Publix Class Action Lawsuit further states that they are owed compensation for the future cost of the auto-dialler system and for any potential violations of the Telephone Consumer Protection Act in the future. The class action lawsuit was filed in U.S. District Court in Southern Illinois. A trial date has been scheduled. The case was assigned to a single private attorney. If you are a former or current customer of ATA and have been subject to ATA Robocalls, you may contact the attorney, Robert S. Kaplan, who handled the case with a passion and expertise.