Duchene v. OnStar (U.S. District Court, Eastern District of Michigan, Case No. 1:15-cv-00935)
In a class action complaint, Lemberg Law is representing Daniel Duchene, who is suing OnStar for alleged violations of the federal Telephone Consumer Protection Act (TCPA). The complaint alleges that OnStar negligently placed robocalls to Mr. Duchene’s cell phone.
The complaint notes that OnStar provides vehicle-integrated safety and security solutions, mobility services, and information technology services. It states that, around August 2015, OnStar started calling Mr. Duchene on his cell phone using an automatic telephone dialing system (ATDS). One clue that the calls were robocalls was that, when Mr. Duchene answered, he heard silence before anyone came on the line. Moreover, when he didn’t answer OnStar’s calls, the voicemails consisted of screeching and beeping sounds.
Mr. Duchene isn’t an OnStar customer, and never gave his permission to OnStar to call. That makes the calls a violation of the TCPA.
The complaint proposes the following class: People in the U.S. to whom OnStar made robocalls, when the calls were made to a cell phone and the person didn’t provide express consent to receive the robocall, between September 2011 and September 2015.
Update: Case is in the discovery phase. The defendant’s motion to dismiss was denied.