Johnson v. Time Warner Cable, Inc. (U.S. District Court, Southern District of New York, Case No. 1:15-cv-06518)
In a class action complaint, Lemberg Law is representing Allan Johnson, who is suing Time Warner Cable, Inc. for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that Time Warner Cable robocalled Mr. Johnson’s cell phone without his consent.
Time Warner Cable is the second largest cable service provider in the U.S. The complaint notes that Time Warner Cable uses an interactive voice response calling system to call its customers, which under the TCPA is considered an automated telephone dialing system.
Mr. Johnson says that, when he answered calls from Time Warner Cable, he heard a prerecorded message saying that the company was calling about an important change in the status of his account. Mr. Johnson claims that he never provided his cell phone number – or his consent to be called on his cell phone – to the company. Moreover, Mr. Johnson says that he doesn’t even have an account with Time Warner Cable. The complaint notes that he also spoke to a Time Warner Cable representative and asked them to stop robocalling his cell phone. Nevertheless, the calls continued.
The proposed class of people represented are those in the U.S. who, between August 26, 2011 and August 26, 2015, received a Time Warner Cable robocall where Time Warner Cable was on notice that it was calling the wrong number.
Update: The case has been stayed.