Court Rules Against Best Buy in Robocall Suit
A federal appeals court ruled in favor of a consumer who alleged that Best Buy breached the Telephone Consumer Protection Act by making robocalls to customers without their consent.
According to the complaint, robocalls were made to plaintiff Michael Chesbro in 2008 and 2009. Chesbro claims that he started receiving the robocalls after he bought a computer from a Best Buy outlet in 2008. He tried to block the calls by opting out. When that didn’t work, he filed a complaint with the Washington State Attorney General, according to MediaPost News.
Chesbro filed a consumer fraud lawsuit in U.S. District Court in Seattle seeking class-action status, alleging that Best Buy violated the Telephone Consumer Protection Act, a federal law that prohibits organizations from using automated dialing systems for sales calls, without customer permission.
MediaPost News reported that the district court issued a ruling that the Best Buy robocalls did not fall under the federal law. However, the Ninth Circuit Court of Appeals reversed the judgment on appeal saying that the robocalls were aimed at encouraging listeners to engage in future commercial transactions with Best Buy and constituted unsolicited advertisements, telephone solicitations, and telemarketing.