A truck driver has filed a proposed class action lawsuit against U.S. Xpress over prerecorded driver recruiting “robocalls.”
The lawsuit was filed by driver Christopher Morgan in a Virginia court.
Morgan’s suit asserts that U.S. Xpress’s robocalls are illegal because they violate 1991’s Telephone Consumer Protection Act (TCPA). This act “restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages,” according to the FCC. Under the TCPA, some types of robocalls are allowed but factors like whether the telephone line that is being called is residential or cellular and the type of technology used to place the call can impact the legality of the call.
The lawsuit stems from an incident that began on August 18, 2017, when Morgan allegedly received a robocall from U.S. Xpress on his cellphone. From the suit: “When Mr. Morgan answered the call, a pre-recorded instructed him to “Press 1” to speak to a U.S. Xpress recruiter. Although Mr. Morgan did not press 1 and did not wish to speak to a U.S. Xpress recruiter, he received similar calls on the same phone line on September 6, September 22, and October 3, 2017.”
The lawsuit argues that that Morgan and other drivers were harmed by the robocalls because they were “temporarily deprived of legitimate use of their phones because the phone line was tied up during the calls and their privacy was improperly invaded.” The suit also says that the robocalls were harmful because they were “frustrating, obnoxious, annoying, were a nuisance and disturbed the solitude” of Morgan and other call recipients.
The suit asks for U.S. Xpress to pay “statutory damages of $500 for each negligent violation of the TCPA, and $1,500 for each knowing violation.”
U.S. Xpress denies that the recruiting calls are illegal and asserts that the court does not have proper jurisdiction to hear out-of-state complaints.
The trial is set to begin in 2020.
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