A small theatrical distributor and its telemarketing agency were sued by Verizon Wireless, which alleges its mobile phone subscribers were deluged with hundreds of thousands unsolicited phone calls. The telemarketing campaign pushed the family film “The Velveteen Rabbit.”
The lawsuit names as defendants Family 1 Films, which is distributing “The Velveteen Rabbit,” and Utah-telemarketer Feature Films for Families.
Verizon alleges violations of the Federal Telephone Consumer Protection Act, which makes it illegal to use an auto-dialer to call mobile phones, as well as state fraud and privacy laws. The action also seeks a preliminary injunction to stop the defendants from making these calls.
In the lawsuit, Verizon asserts “that over the course of 10 days earlier this month, nearly 500,000 calls were made to Verizon customers and employees from the telephone number 917-210-4609. Customers who answered heard either a pre-recorded message or an individual reading a script promoting the movie. Verizon alleges that the calls were made in rapid succession, sometimes as quickly as less than half a second apart.”
“Telemarketers continue to harass our customers and impinge on their privacy, often using illegal methods including auto-dialers,” Steven E. Zipperstein, vice president and general counsel of Verizon Wireless, said in a press release. “Whatever their methods and whatever their product, these unlawful telemarketing calls are an annoyance to our customers and invade their privacy.”
“The Velveteen Rabbit” is not on any industry lists of upcoming theatrical releases, and websites tracking films cite that title used by past features and TV programs. A banner ad on the Family 1 Films website indicates playdates coming Feb. 27 “exclusively in select” Carmike Cinemas theaters.
The website says the movie is directed by Michael Landon Jr. A trailer video window indicates the film is live-action and about a lonely boy who discovers a “magic attic.” The movie sports a name cast: Jane Seymour, Tom Skerritt and Ellen Burstyn provide character voices to some of the magical figures.
UPDATE: On March 27, 2009, Verizon issued another press release saying its complaint is settled with defendants agreeing to abstain from similar unsolicited telemarketing in the future and pay $25,000 cash settlement as a charity donation.
Related content:
- “RCW Wireless News”: Verizon Wireless moves against ‘Velveteen Rabbit’ telemarketing calls
- Press release: Verizon Wireless Files Lawsuit To Stop Telemarketers From Illegally Calling Customers About Movie
- Press Release: Verizon Wireless Settles Lawsuit With Telemarketer For Illegally Calling Customers About Movie
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