Zani v. Rite Aid Headquarters Corp. (U.S. District Court, Southern District of New York, Case No. 1:14-cv-09701-AJN)
In a class action complaint, Lemberg Law is representing Robert Zani, who is suing Rite Aid for alleged violations of the federal Telephone Consumer Protection Act (TCPA). The complaint alleges that Rite Aid, which operates 4,600 stores in 31 states, sends prerecorded robocalls to consumers asking them to use Rite Aid’s services.
The complaint argues that, under the TCPA, because the robocalls were telemarketing calls, Rite Aid was required to have express written consent prior to making the calls. In addition, it argues that Rite Aid was required to allow consumers to opt out of these calls and to honor requests by consumers to opt out. Yet Rite Aid didn’t obtain express written consent nor honor requests to opt out.
In Mr. Zani’s case, he began receiving robocalls about flu shots from Rite Aid. He’d never inquired about a flu shot from Rite Aid nor given them express written consent to robocall his cell phone. During the robocalls, there was no way to speak to a live person, nor was there an automated prompt for Mr. Zani to ask for the calls to stop. He complained about the calls to his local Rite Aid store, but the employee said they didn’t have any information about the calls and couldn’t make them stop.
The proposed class includes people in the U.S. who received Rite Aid cell phone robocalls between December 23, 2010 and December 23, 2014 without giving Rite Aid express written consent. The proposed subclass includes people in the U.S. who received Rite Aid cell phone robocalls about flu shots between December 23, 2010 and December 23, 2014 without giving Rite Aid express written consent.
Update: Court is considering class certification and summary judgment motions.