On October 17, 2012, in the case Chesbro v. Best Buy Stores, L.P., the Court ruled that “robocalls” made by Best Buy to remind consumers to use their Best Buy “Reward Zone” points are telemarketing calls and are indeed subject to the federal Telephone Consumer Protection Act (TCPA).
Plaintiff Michael Chesbro bought a computer from Best Buy and claims he did not sign up for the Reward Zone program, but nonetheless, Best Buy made autodialed calls to his phone with pre-recorded messages about the Reward Zone program, including reminders to use his points before they expired, and to “inform” him about other changes in the program. Best Buy continued to make robocalls to Mr. Chesbro after he told Best Buy to stop calling him.
Best Buy argued that the auto-dialed calls to Mr. Chesbro and thousands of other consumers nationwide were “informational” calls and were not intended to entice consumers to shop at Best Buy. The trial court agreed and dismissed Mr. Chesbro’s case. However, Chesbro appealed, and the Ninth Circuit Court agreed with his position, stating “there was no other use for the Reward Zone points” than redeeming them with future Best Buy purchases,” the calls were telemarketing calls, not “informational” calls.
Read the Ninth Circuit’s Ruling (Chesbro v. Best Buy Stores, L.P., 11-35784, 2012 WL 6700555 (9th Cir. Dec. 27, 2012)
If you are receiving unsolicited calls in violation of the TCPA you may be entitled to compensation. If you are a California resident please give my office, The Law Offices of Todd M. Friedman a call at (877) 449-8898 for a free consultation.
