Caribbean Cruise Line Can’t Escape Robocall Class Action Lawsuit

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Caribbean Cruise Line Inc. can’t escape a class action lawsuit accusing the company of making unsolicited, prerecorded marketing calls to thousands, or possibly millions, of U.S. citizens on both landlines and cellphones in violation of the federal Telephone Consumer Protection Act, according to ruling issued April 4.

Plaintiff Robert Visser sued Caribbean Cruise Line and company president Robert Mitchell in Michigan state court in August 2013, asserting TCPA violations for a nationwide class of consumers who received the so-call “robocalls.” The Caribbean Cruise Line class action lawsuit also brought claims on behalf of a Michigan class. Thealleged robocalls consisted of messages offering prices such as free cruises that actually required payment to claim, violating the Michigan Home Solicitation Sales Act (MHSSA) and Michigan Consumer Protection Act (MCPA).

The cruise line tried to get the robocall class action lawsuit dismissed, arguing that plaintiff Visser’s complaint failed to state a claim because it lacked any specific facts and did not adequately plead a basis for class action certification. However, on April 4, Michigan Federal Judge Maloney denied Caribbean Cruise Line’s attempt to escape the TCPA class action lawsuit.

Judge Maloney ruled that while Visser had only alleged that the Federal Trade Commission (FTC) had received “thousands of complaints” from Michigan about Caribbean Cruise Line’s robocalls and did not show that Caribbean conducts business or even has a physical presence in Michigan, the state’s “long-arm” statute allows the court to exercise jurisdiction on the basis of the calls alone. The judge ruled that the allegations, though formulaic, were substantive enough to move forward.

“The court may … accept the factual assertions that the calls were made using a prerecorded or artificial voice to residential telephones,” Judge Maloney wrote. “These facts, although little more than a formulaic recitation of the elements, are sufficient to put defendants on notice of the claim asserted. The claims in the complaint all arise from the information, of lack of information, provided in the telephone call… On these facts, Visser has stated a plausible claim.”

Judge Maloney did grant Caribbean’s motion to dismiss Visser’s claim under the MCPA, however, ruling that the class action lawsuit’s allegations didn’t meet the enhanced pleading requirements of a fraud claim required by the statute. He also granted Mitchell’s motion to dismiss claims filed against him as an individual.

Issues with TCPA

Under the federal TCPA, it’s against the law for a company to contact you on your cell phone without your permission, or to record your phone call without warning you first. The federal law prohibits companies from secretly recording phone calls, from contacting people on their mobile phones by using an “automatic telephone dialing system” or using robo-calls with “an artificial or prerecorded voice,” or for sending text messages without their prior express consent.

Violating the TCPA is a serious matter and can carry a $500 fine per violation. Cell phone subscribers that can prove the TCPA violation was intentional can sue for up to $1,500 every time a company unlawfully contacted them.

The Caribbean Cruise Line Class Action Lawsuit is Donald R. Visser v. Caribbean Cruise Line Inc. et al., Case No. 13-cv-01029, in the U.S. District Court for the Western District of Michigan.

Have your cell phone rights been violated?

Millions of dollars in TCPA class action lawsuit settlements have been awarded to consumers over the past few years, and the number of companies facing TCPA class action lawsuits continues to grow. If you received an unsolicited text message or phone call to your cell phone, you may have a case to join a TCPA class action lawsuit. See if you qualify now by submitting your information for a free evaluation at our Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.