Bath Fitter’s ‘Aggressive Telemarketing’ Violates TCPA, Alleges Class Action
Meira Avauni Rawlings filed a Telephone Consumer Protection Act class action “to protect the privacy rights of herself and a class of similarly situated people” to whom Bath Fitter placed telemarketing calls despite their phone numbers being listed on the…
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national do not call registry, said her complaint Tuesday (docket 1:24-cv-00073) in U.S. District Court for Middle Pennsylvania in Harrisburg. The TCPA’s “private right of enforcement” is critical to stopping the “proliferation” of unwanted telemarketing calls, said the complaint. Yet Bath Fitter, a marketer of bathroom remodeling products and services, “has long engaged in aggressive telemarketing,” and has settled at least one class action lawsuit involving telemarketing calls, the complaint said. Even after a judgment was entered against Bath Fitter, “it continued to engage in its aggressive telemarketing practices,” it said. Rawlings alleges she received at least four Bath Fitter telemarketing calls to her cellphone, though her number was listed on the DNC registry since June 2021. The North Carolina resident had never previously done business with Bath Fitter, “nor had she provided prior express written consent, or any form of consent,” for the company to call her phone, said the complaint. “Without having had the benefit of discovery to show otherwise, Rawlings understands and therefore avers that Bath Fitter is directly liable for the unsolicited calls because they were made directly by Bath Fitter,” it said. If some or all of the calls were made by third parties on Bath Fitter’s behalf, then Bath Fitter “is vicariously liable for those calls,” it said.