Judge Alvin Hellerstein, of the U.S. District Court for the Southern District of New York, ruled Tuesday that each call was a violation of the Telephone Consumer Protection Act of 1991 and awarded triple the usual penalty.
While Time Warner argued that they were unaware King ever asked to be on the company’s “do not call list,” Hellerstein determined “there is no doubt King made this revocation.” He wrote that the company “could not be bothered” to update King’s information, even after she filed suit against TWC in March of 2014.
“A responsible business in TWC’s position might have dispatched a live agent to reach out to Luiz Perez after the IVR (interactive voice response) failed to reach him the first several times,” Hellerstein wrote. “The responsible company will reduce its exposure dramatically by taking proactive steps to mitigate damages, while its competitor, who unthinkingly robo-dials the same person hundreds of times over many months without pausing to wonder why it cannot reach him, cannot complain about much higher liability.”
King’s lawyer, Sergei Lemberg, said Tuesday that King is happy her fight against robocalls paid off, adding that they “make people’s lives miserable.”
“Millions of U.S. consumers get robocalls. Only a few of them take it a step forward and get a lawyer,” Lemberg told Mercury News.