Last week, TOPS Software LLC (TOPS), a software company that specializes in condominium and homeowners association communication platforms, was served with a class action in Illinois federal court which alleges that TOPS violated the Telephone Consumer Protection Act (TCPA) by using auto dialer technology to solicit consumers to attend the “CAMfire conference.” The CAMfire Conference is a community association of management professionals, thought leaders and TOPS software users.  Lead plaintiff, Scott Dolemba, claims in his two-count complaint that he and the other class members suffered damages when they received autodialed calls from TOPS and demands that the court issue an injunction to stop them from making unsolicited telemarketing calls in the future. The ‘damages’ are based on the fact that “the messages take time to retrieve, use memory and reduce battery life and are annoying” according to Dolemba’s complaint.  Dolemba also claims that his and class members’ right to privacy was violated. Of course, the overarching argument is that TOPS violated the TCPA (and in effect the Illinois Consumer Fraud Act) by making unwanted autodialed telephone calls “in the course of trade and commerce.” Dolemba further says in his complaint that TOPS actions shifted costs of the calls to him and the class members such that doing business “in this manner makes such practice unfair” under Illinois statute. Yet another example of litigation reminding us to know the rules and regulations related to telemarketing before you begin a telemarketing campaign.

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