An action was recently filed by an individual claiming that the defendant violated provisions of the Federal Telephone Consumer Protection Act (TCPA) and New York General Business Law (NYGBL). The plaintiff alleged that the defendant made or authorized two calls to the plaintiff’s residential telephone number using an automatic dialing mechanism with a prerecorded message telling the recipient he or she “had been selected to receive a medical alert system and $3,000 in grocery store coupons.”
The calls alleged in the complaint were made from a caller identified as GB Marketing Co. and a caller identified as “Tacoma WA.” The plaintiff claimed that the defendant is responsible for the calls because the medical-alert system referred to in the calls was the defendant’s system and the calls were made by, or on behalf of, or with the authorization of, an authorized dealer of the defendant.