Benzion v. Vivint, Inc., Case No. 12-cv-61826-WJZ (S.D. Fla. Feb. 23, 2015)
Class Action: Plaintiffs were a certified nationwide class of consumers who received autodialed or pre-recorded calls on their mobile phones from home automation and security company, Vivint, Inc., or its affiliate marketers. The class members claimed the callers did not have permission to call them. The number of calls the class members received varied. The class representative claimed Vivint repeatedly called his mobile phone, sometimes multiple times per day to play a pre-recorded message advertising a free wireless security system in exchange for putting the company's sign in his yard.
TCPA: Plaintiffs alleged that Vivint violated the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, when it used, either directly or via some third-party for whom Vivint is legally responsible, automated telephone equipment to deliver pre-recorded messages to cellular telephones without the prior express consent of the called party, and by placing more than one call in a 12-month period to the telephone numbers that were registered with the National Do Not Call Registry.
Settlement: Vivint agreed to settle the class's claims for $6,000,000. Vivint also agreed not to make telemarketing calls using pre-recorded messages for a period of two years as part of the settlement. The court approved the settlement terms on February 23, 2015.
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