In US, you could get up to $900 over pesky ‘free cruise’ call

While the Indian government struggles to end the nuisance of pesky marketing calls, in the US, it is the judiciary that has stepped in; and up to $900 may be available to those who received a robocall saying they won a free cruise.

The class-action lawsuit, Charvat v Carnival et al, claims that Carnival, Royal Caribbean and Norwegian Cruise Line allowed Resort Marketing Group to make robot calls offering free cruises with the lines and in doing so violated the Telephone Consumer Protection Act (TCPA).

Those who are the owner, subscriber or user of a landline or cell phone that received a recorded telemarketing call between 2009 and 2014 may get up to $300 from the suit. Individuals may file up to three claims for a maximum payment amount of $900.

Philip Charvat filed the lawsuit, saying he had received telemarketing calls without his permission after the cruise lines contracted with Resort Marketing Group. Without that consent, Charvat and his attorneys claimed the involved companies had violated the TCPA.

''The TCPA imposes substantial penalties on companies that knowingly violate its telemarketing restrictions,'' Paul Tassin wrote of the suit on Top Class Actions. ''It generally forbids telemarketers from making calls using automated dialling equipment and pre-recorded messages, unless the person being called has given the caller prior express written consent to be contacted that way.''

Rather than have the case go to trial, the companies decided to settle. A federal judge granted preliminary approval of the settlement in July, which requires the involved companies to create a settlement fund worth between $7 million and $12.5 million, depending on how many claims are filed.

Claims can be filed and individuals can check to see if their number is part of the settlement at the Charvat v Carnival et al website.