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Capital Vacations Phones Consumers Without Their Consent, Alleges Class Action

Joseph Hudson seeks to stop Capital Vacations from violating the Telephone Consumer Protection Act by making prerecorded telemarketing calls to consumers without their consent, including calls to phone numbers that are listed on the national do not call registry, said…

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his class action Thursday (docket 4:24-cv-00757) in U.S. District Court for Eastern Missouri. Capital Vacations employees have posted job reviews that contain details about the cold calling they engaged in to generate business for the more than 200 resort destinations it services in the U.S., Mexico and the Caribbean, said the complaint. Consumers also have voiced their complaints online about unsolicited calls that they received from Capital Vacations, it said. Hudson personally listed his cellphone number on the DNC registry in December, yet he has received multiple prerecorded calls from Capital Vacations or on its behalf “using a multitude of phone numbers,” it said. When the O’Fallon, Missouri, resident would answer the calls, he would stay on the line and connect with a live employee so that he could ask for the calls to stop, it said. Many of the live employees told him that the calls would stop, but others simply hung up when they were told to stop calling, it said. The plaintiff alleges Capital Vacations phoned him at least 20 times between Feb. 26 and March 26 pitching various $399 vacation packages. Hudson hasn’t been looking to purchase a vacation or timeshare plan, said the complaint. The unauthorized prerecorded calls that he received from Capital Vacations have harmed him “in the form of annoyance, nuisance, and invasion of privacy,” it said. The unwanted calls also “occupied his phone line, and disturbed the use and enjoyment of his phone, in addition to the wear and tear on the phone’s hardware,” it said. The calls that Hudson received also took up his time, “as he would answer and spend time connecting to live employees so he could ask for the calls to stop,” it said.