LaVigne vs. First Community Bancshares (U.S. District Court, District of New Mexico, Case No. 1:15-cv-00934)
In a class action complaint, Lemberg Law is representing Janine LaVigne, who is suing First Community Bancshares for alleged violations of the federal Telephone Consumer Protection Act (TCPA). The complaint alleges that First Community Bancshares robocalled Ms. LaVigne’s cell phone.
The complaint alleges that, around July 2015, First Community Bancshares used an automatic telephone dialing system (ATDS) to robocall Ms. LaVigne’s cell phone. When she answered the calls, Ms. LaVigne heard a period of silence before an FCB representative came on the line. That period of silence is one clue that FCB used an ATDS.
The representative from First Community Bancshares indicated that they were calling for someone else, a person that Ms. LaVigne didn’t know. Although our client repeatedly asked First Community Bancshares to stop calling, the calls kept coming. She kept telling FCB that they were calling the wrong number. She even told a supervisor, who apologized for the calls and said that Ms. LaVigne’s number would be removed from the FCB system. Yet the calls continued
Because First Community Bancshares used an ATDS and didn’t have our client’s express written consent to robocall his cell phone, the suit alleges that calls were violations of the TCPA.
The complaint proposes the following class: People in the U.S. who received First Community Bancshares cell phone robocalls between October 2011 and October 2015, and who didn’t provide prior express consent.
Update: The case is in the discovery phase.