The putative class action was filed against EZ Lube, Inc., and Valvoline Instant Oil Change Franchising, Inc. (“Defendants”) alleging that Defendants negligently, and/or willfully contacting Plaintiff on Plaintiff’s cellular telephone, in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., (“TCPA”), thereby invading Plaintiff’s privacy
As alleged in the complaint, Plaintiff received an unsolicited advertisement, via automated and/or prerecorded message from Defendants to Plaintiff’s cellular telephone number. Defendants contacted Plaintiff on Plaintiff’s cellular telephone via an “automatic telephone dialing system,” (“ATDS”) as defined by 47 U.S.C. § 227 (a)(1) as prohibited by 47 U.S.C. § 227 (b)(1)(A). During this telephone call, Defendants used “an artificial or prerecorded voice” as prohibited by 47 U.S.C. § 227 (b)(1)(A) and/or an “automatic dialing system” to make “any call” to “any telephone number assigned to a … cellular telephone service” as provided in 47 U.S.C. § 227(b)(1)(A)(iii).
The telephone number Defendants called was assigned to a cellular telephone service for which Plaintiff incurs a charge for incoming calls pursuant to 47 U.S.C. § 227 (b)(1). Plaintiff did not provide prior express consent to receive calls and/or unsolicited text messages on Plaintiff’s cellular telephone, pursuant to 47 U.S.C. § 227 (b)(1)(A).
CLASS: All persons within the United States who received any telephone call from Defendants or its agent(s) to said person’s cellular telephone made through the use of any automatic telephone dialing system or with an artificial or prerecorded voice, which call was not made for emergency purposes or with the recipient’s prior express consent, within the past four years.