Alleged Telemarketing Violations
Newman contends that ClicTree, which placed the calls, and Guardian Law, which benefited from the leads, violated the Telephone Consumer Protection Act (TCPA) by:
- Calling numbers on the National Do Not Call Registry
- Using automated dialing systems and prerecorded messages
- Continuing calls after explicit requests to stop
While ClicTree directly placed the calls, Newman alleges Guardian Law is equally responsible for knowingly accepting the leads and authorizing continued outreach, despite the legal risks.
“Guardian is liable for telemarketing calls placed by ClicTree and any subvendors they may have hired,” Newman stated, adding that FCC regulations prohibit companies from dodging liability by outsourcing telemarketing.
Class Action Seeks Millions in Damages
Newman’s lawsuit seeks class-action status for:
- U.S. residents who received prerecorded telemarketing calls from ClicTree in the last four years
- A subclass of individuals who received Guardian Law-related telemarketing calls
- Individuals who were called multiple times despite being on the Do Not Call Registry for at least 31 days
- Consumers who requested removal but continued to receive calls
Under the TCPA, Newman and class members could be awarded $500 per violation, with potential triple damages if the actions are deemed willful or knowing, pushing total liability into the millions.
