Dunning et al v. GHS Interactive Security, LLC et al

On November 7, 2018, lead plaintiff Michael Dunning and a class of similarly situated individuals filed a class action lawsuit against GHS Interactive Security, LLC in the United States District Court for the Middle District of Tennessee. The plaintiffs alleged that the defendant violated the Telephone Consumer Protection Act by placing unsolicited telemarketing calls using an automatic telephone dialing system and delivering prerecorded messages to consumers who had not given prior express consent. The complaint sought statutory damages for each alleged violation and an injunction to stop the unlawful calling practices. The case proceeded through discovery, and the parties eventually engaged in settlement negotiations, leading to a proposed nationwide class settlement to compensate affected individuals.

The parties reached a class action settlement, which received final approval from the court. The defendant agreed to establish a settlement fund to pay monetary awards to eligible class members who submitted valid claims, in addition to covering notice and administration costs and attorneys' fees.

The central dispute was whether GHS Interactive Security’s dialing equipment qualified as an automatic telephone dialing system under the TCPA, and whether the plaintiffs and class members had provided the necessary prior express written consent to receive such telemarketing calls.

The case reinforced the enforceability of the Telephone Consumer Protection Act against home security telemarketers and highlighted judicial willingness to certify classes of consumers subjected to automated calls without proper consent. It contributed to greater public awareness of robocall litigation and prompted closer scrutiny of lead generation and consent practices within the alarm and security industry.