FORT LAUDERDALE — A California man man has filed a class-action lawsuit against several entities claiming that “free cruises” offered by telemarketers were aggressively marketed and violated the Telephone Consumer Protection Act (TCPA).

David Alan of Los Angeles has sued Grand Celebration Cruises LLC and Paradise Cruise Line Operator LTD. Inc., claiming violation of the TCPA in the U.S. District Court, Southern District of Florida, Fort Lauderdale Division. The defendants are located in and doing business in Florida.

The cruises offered through the telemarketing campaign were for the MV Grand Celebration cruise ship, which sails out of the Port of Palm Beach to Grand Bahama. 

The complaint alleges that “all defendants acted in concert to market travel packages to consumers through telemarketing efforts that include sending unauthorized advertisements via facsimile and placing unauthorized 'robo-calls' to consumers via ATDS and/or a pre-recorded or artificial voice.”

The plaintiff claims that on Feb. 28, he answered a call to his cellphone offering a free cruise. The caller claimed to be working for Grand Celebration, according to the complaint.

The plaintiff asked how the company had received his contact information. The female operator answered evasively, replying that she wasn't sure how the defendants obtained his information but when he had stayed at the defendants' hotels before, he must have signed a paper allowing him to be contacted.

However, “based on information and belief, Plaintiff Alan has never stayed at any of defendants’ hotels, if they exist, nor has he ever signed any document enabling Defendants to contact him with promotional offers," according to court records.

The plaintiff next spoke to the operator's supervisor, who again tried to aggressively market to the plaintiff, according to the complaint. 

The plaintiff alleges that the calls knowingly and willfully violated the TCPA. He is seeking $500 per violation. He also asks for class certification, statutory damages of $1,500 for each class member, interest and attorney’s fees. 

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