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KRISTIN CAMPBELL
General Counsel
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Name | Title |
|---|---|
IAN R. CARTER | President, Global Development, Architecture, Design & Construction |
DANNY HUGHES | President, Americas |
KEVIN JACOBS | Chief Financial Officer |
MATTHEW W. SCHUYLER | Chief Human Resources Officer |
CHRIS SILCOCK |
Executive Vice President and Chief Operating Officer, Customer and Commercial |
SIMON VINCENT |
President, Europe, Middle East & Africa |
ALAN WATTS |
President, Asia Pacific |
JONATHAN W. WITTER |
Chief Customer Officer |
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- Hilton Expands Food Donation Initiative to Nearly 300 Hotels in Time for the Holidays
- Hilton Hosts and Celebrates Achievements of Washington Association of Black Journalists
I and writing to you regarding an unsolicited robo-call my cell phone which is listed on the National Do Not Call Registry, from your company, for marketing purposes. For confirmation of the cell phone number, you can look up my email address via Hilton Honors. I am a Gold Member of Hilton Honors The communication was unwanted, and was made without any express invitation, permission, or consent. Please review the information below, for the time and date information regarding the communication, and I can provide confirmation of the telephone number called being on the National Do Not Call Registry.
Date of call: September 4, 2019
Time of call: 12:05 PM Central Daylight Time
Artificial phone number to appear as a local call: 210-728-1928
Recorded message saying I was selected for a special offering from Hilton Hotels
Pressed 1 and was transferred to a person named Sophia, who said she was located in Mexico Beach, FL.
I was asked to confirm my area code, and I did.
When I asked why the call from FL was coming from a 210 area code number, Sophia said she didn’t know because the call was transferred to her.
When I asked for a way to contact her (phone number or email address) to follow up on the offering, she hung up.
As you are, or should be aware, the Telephone Consumer Protection Act (“TCPA”) makes
it illegal to solicit sales to cellular devices, via call or text message…
47 U.S.C. § 227(b)(1)(A)(iii) states that:
It shall be unlawful for any person within the United States, or any person
outside the United States if the recipient is within the United States… to make
any call (other than a call made for emergency purposes or made with the prior
express consent of the called party) using any automatic telephone dialing system
or an artificial or prerecorded voice… to any telephone number assigned to a
paging service, cellular telephone service, specialized mobile radio service, or
other radio common carrier service, or any service for which the called party is
charged for the call, unless such call is made solely to collect a debt owed to or
guaranteed by the United States;
47 U.S.C. § 227(b)(3) provides as follows:
A person or entity may, if otherwise permitted by the laws or rules of court of a
State, bring in an appropriate court of that State…an action based on a violation
of this subsection or the regulations prescribed under this subsection to enjoin
such violation, an action to recover for actual monetary loss from such a
violation, or to receive $500 in damages for each such violation, whichever is
greater, or both such actions If the court finds that the defendant willfully or knowingly violated this subsection, or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph.
The statute provides that a person who violates the statute is liable for $500 in damages for each violation. If the court finds that the defendant acted willfully or knowingly (regardless of whether you knew about the TCPA), the court may triple the damage award. See 47 U.S.C. § 227(b)(3).
By virtue of your multiple, unwanted communication, you have violated multiple provisions of the TCPA, and in so doing, exposed yourself to substantial statutory penalties. But, in the interest of saving all parties involved the time, trouble, and cost of litigation in federal court, I would urge you to accept this very equitable, one-time offer:
Please send, made payable to me, certified funds in the amount of $3,000, to the address listed herein within five (5) days of your receipt of this correspondence. In exchange, I will release any and all claims related to this matter, and forgo any future reports, complaints or grievances to state or federal government agencies or authorities not yet made. If you do not choose to settle, I can assure you that I will do my part to help enforce the law as Congress intended and I will sue you for violating the law. Additionally, I may decide to seek class action certification in a suit against you, as I am certain that I am not the only one to have received this type of unlawful communication from your company.
Respectfully,
Jeff Mitchell
From: Tracy Fontana
Sent: Thursday, July 4, 2019 1:56 AM
To: Dave Atkinson
Subject: Re: Fontana-Howard WR Receipt
We cancelled this back in July 2018! We asked for some of the $2,000.00 back, but HILTON is
greedy! How dare you again, withdrawal money from our credit card to reopen old wounds!
Your wedding coordinator does not know how to cancel events! She also does not get back to
a person when she says she will! I am owed what was withdrawn today, but also some of the
$2,000.00 you took out before hand during 2017 and 2018! Is this really how “The Hilton” makes
its money….by robbing middle-class citizens of their hard earned money?
From: Dave Atkinson
Sent: Wednesday, July 3, 2019 2:50 PM
To: [email protected]
Cc: Kelley Lujan
Subject: Fontana-Howard WR Receipt
Good afternoon Ms. Fontana,
I hope your week is going well! I have attached the advanced payment receipt for your August 3, 2019 event with us. Looking forward to your arrival!
Your next payment of final balance due will be on July 16, 2019.
Please contact your sales manager with any questions or comments,
Have a wonderful day!
David Atkinson
Colorado Springs Doubletree by Hilton – Accounts Receivable
1775 E Cheyenne Mountain Blvd
Colorado Springs, CO 80906
Phone: (719) 576-8900 Fax: (719) 527-4624
Where is customer service??? Does Hilton have none?