WEST PALM BEACH — A lawsuit filed in federal court alleges that Newsmax Media, a cable news and political opinion company, violated federal telemarketing laws by placing unsolicited calls and text messages to individuals on the National Do Not Call Registry.
Vishal Shah, whose phone number has been registered since 2004, claims Newsmax's actions intruded upon his privacy and violated the Telephone Consumer Protection Act (TCPA).
Enacted in 1991, the TCPA was Congress's response to mounting frustration over invasive telemarketing practices.
The law aimed to safeguard individuals' privacy rights while balancing public safety and commercial interests, according to a complaint filed in U.S. District Court for the Southern District of Florida.
"Telemarketing calls are intrusive," the complaint states. "A great many people object to these calls, which interfere with their lives, tie up their phone lines, and cause confusion and disruption. Faced with growing public criticism of abusive telephone marketing practices, Congress enacted the Telephone Consumer Protection Act of 1991."
Central to this effort was the creation of the National Do Not Call Registry, a tool allowing consumers to opt out of telemarketing calls.
The law makes it unlawful for telemarketers to call numbers listed on the registry unless prior consent has been obtained or the call serves an emergency purpose.
Violators face penalties, including statutory damages ranging from $500 to $1,500 per violation, depending on the nature of the offense.
The TCPA also grants consumers the right to seek monetary or injunctive relief.
“The TCPA is a straightforward law designed to protect people from unwanted intrusions into their domestic peace,” noted the court filing.
The plaintiff alleges that Newsmax initiated multiple calls and text messages to his personal cell phone in April 2024, despite its inclusion on the Do Not Call Registry.
He claims that these communications were part of a broader telemarketing campaign aimed at promoting subscriptions to Newsmax Plus, the company’s premium service.
Shah claims there were at least four text messages sent to his phone on April 25, 2024, despite his lack of prior interaction or consent with Newsmax; text messages that required a credit card for a "free trial," further emphasizing the commercial intent of the calls; and Newsmax’s use of telemarketing technology capable of generating thousands of similar calls per day.
The plaintiff asserts that these actions were voluntary, deliberate, and in clear violation of the TCPA.
He is looking to represent a nationwide class of individuals who received similar calls from Newsmax while their numbers were listed on the Do Not Call Registry.
"Because telemarketing campaigns typically use technology capable of generating thousands of similar calls per day, Plaintiff sues on behalf of a proposed nationwide class of other persons who received similar calls," the complaint states.
Shah is seeking statutory damages of $500 per violation and up to $1,500 for willful or knowing violations; injunctive relief to prohibit Newsmax from making further telemarketing calls to numbers on the registry; and any additional relief deemed just and proper by the court.
Shah is represented by Avi R. Kaufman and Rachel E. Kaufman of Kaufman PA in Coral Gables.
The attorneys declined to comment on the case.
U.S. District Court for the Southern District of Florida case number: 9:25-cv-80005