Spectrum Says It Maintains ‘Significant Practices’ to Comply With TCPA
Spectrum denies all the allegations in plaintiff Joshua Cacho’s Sept. 18 first amended complaint “that are inconsistent with the express terms” of the Telephone Consumer Protection Act, said Spectrum’s answer Tuesday (docket 3:23-cv-00347) in U.S. District Court for Western Texas…
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in El Paso. Cacho alleged Spectrum hounded him with at least 222 robocalls in the past year, ostensibly to warn him, via prerecorded messages, that his cable equipment was outdated and would need to be replaced, but actually they were to sell him a new mobile plan and an iPhone 14 Pro Max (see 2309150002). His complaint was unusual in that it listed all 222 calls he alleges to have received. As a subscriber of Spectrum services, Cacho’s claims may be subject to the terms and conditions of Spectrum’s service, including “a valid and binding arbitration provision,” said Spectrum’s answer. The company “reserves the right to elect arbitration,” it said. Spectrum denies making the calls at issue, and didn’t use an automatic telephone dialing system or prerecorded voice to contact Cacho, who “suffered no concrete injury,” it said. Any of Cacho’s claims for treble damages under the TCPA are barred because Spectrum didn’t “engage in knowing or willful misconduct,” said its answer. The company didn’t “directly make the calls at issue,” and the calls, if made, “were contrary to Spectrum’s contract and the marketing rules covering the third parties that may have made the calls,” it said. Spectrum maintains “significant practices” to comply with federal, state and internal do not call lists, plus “other safeguards” to ensure compliance with the TCPA “and other legal and regulatory requirements,” it said. Spectrum also requires vendors that it works with to comply with federal, state and internal DNC lists, it said. The conduct at issue in Cacho’s complaint “is contrary to Spectrum’s contract with and rules applying to the entity that allegedly made the calls on Spectrum’s behalf,” it said.