Lawsuit says Nashville anti-tax group’s robocalls violated federal law

Posted at 2:10 PM, Jul 20, 2020
and last updated 2020-07-20 15:10:29-04

NASHVILLE, Tenn. (WTVF)  — A class action lawsuit alleges that the anti-tax group “No Tax 4 Nash” violated federal law by robocalling Nashville voters and playing a recorded message.

Spragens Law PLC says it filed the case on behalf of those who received a call on their cell phones on or after July 16. School board member Rachael Elrod, attorney Andrew Kaufman and attorney Sarah Martin are the lead plaintiffs in the case.

The lawsuit names the group "No Tax 4 Nash" and its three organizers -- Jim Roberts, Michelle Foreman and Kimberly Edwards -- along with 10 “John Doe” defendants. They’re accused of violating the Telephone Consumer Protection Act, which makes it illegal to robocall consumers without their prior written consent.

“Thousands of Nashville residents had their cell phones bombarded last Thursday night by a secretive group using illegal tactics to manipulate voters on the eve of an election,” said attorney John Spragens. “Fortunately, we have the tools under federal law to stop these tactics. We will find out exactly who authorized and placed these calls and hold them accountable.”

Spragens Law says each violation is punishable by a civil penalty of no less than $500 and up to $1,500. The lawsuit alleges that each call included two violations, “use of an autodialer and a prerecorded message,” and that the defendants could be found liable for penalties of up to $3,000 per call.

Congress passed the Telephone Consumer Protection Act in 1991 to address telemarketing calls. In 2012, the FCC revised its TCPA rules to require telemarketers to get prior written consent from consumers before calling them.

NewsChannel 5 has reached out to the group No Tax 4 Nash for its response to the lawsuit. We have not yet heard back.