Complaint Logs All 222 Spectrum Calls Plaintiff Received to Sell Him a New Mobile Plan
Spectrum inundated plaintiff Joshua Cacho’s cellphone with at least 222 robocalls in the past year, ostensibly to warn him, via prerecorded messages, that his cable equipment was outdated and would need to be replaced, but actually they were to sell…
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him a new mobile plan and an iPhone 14 Pro Max device, alleged Cacho’s Telephone Consumer Protection Act class action Thursday (docket 3:23-cv-00347) in U.S. District Court for Western Texas in El Paso. The complaint takes the unusual step of devoting more than 14 pages to logging all the calls, by specific date and time, that Cacho alleges he received from Spectrum, beginning Sept. 2, 2002, at 5:29 p.m., through to Sept. 1 this year at 5:25 p.m. All the calls that Spectrum placed were to a number listed on the national do not call registry, alleged the complaint. “Each and every call” was a knowing and willful TCPA violation because Cacho had informed Spectrum numerous times to stop calling him, it said. Spectrum caused Cacho “the very harm” that Congress sought to prevent when it enacted the TCPA, it said. His complaint also alleges violations of the Florida Telemarketing Act and the Texas Business and Commerce Code because he lived in Florida when the calls began before he moved to El Paso July 16, where the calls continued.