As timeshare travel nears its 60th year of existence, consumers are beginning to grow tired of the sale. While most of the class action lawsuits we’ve covered pertain to the purchase itself, some filings occur when timeshare solicitations cross the line. This was the case in 2017 when Cheri Astrahan submitted a TCPA Class Action against Marriott Vacation Club for constant phone solicitation in California.
Can Consumers Win Excessive Solicitation Lawsuits?
When it comes to telemarketing tactics, many sales orientated operations use auto dialers as a quantitative method for reaching mass amounts of people in short periods of time. Companies that do this often care little about first impressions. The product or service they’re selling usually has a compelling lure that leads to further purchases down the road. In other words, the return is worth it to them.
Whether it be damaging or monetarily fruitful, telemarketers have to understand that consumers have rights that can be executed if phone solicitation becomes too excessive. The Telephone Consumer Protection Act (TCPA), passed by Congress back in 1991, was specifically put in place to enforce the National Do-Not-Call Registry and prevent unpermitted solicitations. Auto-dialers, faxed ads, spam texts and pre-recorded voice messages are also thoroughly regulated.
How Marriott Found Themselves in a TCPA Class Action.
According to the TCPA Class Action against Marriott, Astrahan claims she was bombarded with repetitive calls on her smartphone from the hotel chain’s auto dialer system for more than a year – despite being registered with multiple do-not-call lists. The lawsuit went on to claim she never even gave Marriott consent to contact her directly, let alone with advertisements about timeshares.
After hearing the pre-recorded messages on multiple occasions, the plaintiff said she repeatedly asked Marriott to stop calling, “thus revoking any prior express consent that had existed and terminating any established business relationship that had existed,” says the TCPA Class Action against Marriott. It went on to say, “Despite this, the defendant continued to call the plaintiff in an attempt to solicit its services and in violation of the National Do-Not-Call provisions of the TCPA.”
The Marriott Lawsuit Serves a Bigger Purpose.
The goal of the lawsuit is to represent anyone in the United States that has continued to receive unwanted timeshare solicitations from Marriott over the previous 4 years. Those that have repeatedly denied consent and are registered on do-not-call lists could be rewarded for damages up to $1,500 for Marriott’s solicitations. The plaintiff is also seeking a court order to regulate the hotel chain’s ability to contact consumers for timeshare offers.
At the end of the day, Cheri Astrahan simply wants prominent organizations, like timeshares, to be held accountable for their aggressive sales tactics. You can learn more about the TCPA Class Action against Marriott with the following information: Cheri Astrahan v. Marriott Vacations Worldwide Corp. d/b/a Marriott Vacation Club, Case No. 8:17-cv-02139, in the U.S. District Court for the Central District of California.
I am still getting the telemarketing calls. I have been on donotcall list since 2011. Is this law suit being actively followed?