I think that I shall never see a blog post as lovely as a tree. I mean, unless I wrote it.

So there’s this company out in Washington State that takes care of people’s trees. And I mean, really takes care of them. Here’s a snippet from their website so you get what I’m talking about:

Trees provide Zen to an environment and crave it for themselves too. We can help you rediscover and enhance center and balance to your property, so whenever people arrive they feel at peace. Mind. Body Soul. 

Well despite their focus on providing “zen” and “peace” through precision tree maintenance, they also apparently blast folks with unwanted cold call marketing–at least according to a new complaint filed alleging TCPA violations.

Now I’ll admit that I pulled up this complaint because I couldn’t imagine what a company called EVER-GREEN TREE CARE, INC. up in Huskey’s territory could possibly have done to draw the ire of Florida-dwelling TCPA pro Avi Kaufman. But as I read through the complaint I sort of get it.

They cite to a pile of complaints noting the company–allegedly uses cold calls as part of their business model, doesn’t scrub the DNC, and just keeps blasting away when folks say “stop.”

Obviously this may or may not be true. but if true, seems like a TCPA complaint was inevitable.

The named Plaintiff–a guy named Mike Myhre–claims he repeatedly asked for calls to stop and just kept receiving more and more.

Apparently on the third request to get the tree guys to stop calling Mike had this exchange with them:

Plaintiff answered Kevin stating, “We’re on the Do Not Call list, so that’s like a
$1500 fine for each occurrence.” Kevin answered, “Yeah, no it isn’t.” and then hung up the phone.

A bit later Kevin called back and this exchange ensued:

Plaintiff told Kevin, “You realize that you have violated the Do Not Call list and you guys keep calling us…” Kevin answered mockingly, “Oh no!” which he repeated 5 times before hanging up.

Eesh. Kevin. Listen man, you’re going to end up personally sued if you’re doing stuff like this. Not legal advice. Just common sense advice. The TCPA is not to be mocked, scorned, or trifled with.

Oh no, indeed.

The complaint seeks to represent two classes:

Do Not Call Registry Class: All persons in the United States who from four years prior
to the filing of this action through trial (1) Defendant, or an agent calling on behalf of the
Defendant, called more than one time, (2) within any 12-month period, (3) where the
person’s telephone number had been listed on the National Do Not Call Registry for at
least thirty days, (4) for substantially the same reason that Defendant called Plaintiff.

Internal Do Not Call Class: All persons in the United States who from four years prior
to the filing of this action through trial (1) Defendant, or an agent calling on behalf of the
Defendant, called more than one time, (2) within any 12-month period, (3) for
substantially the same reason that Defendant called Plaintiff, (4) including at least once
after the person requested that Defendant or its agent to stop calling.

Interestingly the Complaint does not allege a claim under CEMA–the Washington State TCPA corollary.

We’ll keep an eye on this. (And for any of you other misty pacific northwesterners –the Czar is licensed in Washington State [its pretty up there.])

And good morning TCPAWorld!