In San Diego, three consumers have filed a class action lawsuit on behalf of themselves and others in similar circumstance after, they claim, a home improvement and home energy products and services company allegedly kept calling them.
They are suing the company, stating that their rights to privacy were violated after they were continually called via an automated robotic phone dialing system, even after they repeatedly asked for the calls to stop from the company, according to a recent report from Legal Newsline, a legal newspaper and publishing enterprise.
The three consumers lodging the complaint in a court for the United States Southern District of California in San Diego are Lucas Ambrezewicz, Edward Timmons and Mark Haigler. They filed the complaint on November 1, according to the news report. They and their attorneys representing them filed the complaint against GDFriend Inc. – doing business as Direct Home Energy Solutions, Green Home Investment Program and PowerStar Home Energy Solutions. The class action suit alleges the manufacturing company violated the Telephone Consumer Protection Act, or TCPA, which regulates the way telemarketing operations can conduct business to market products to consumers.
The consumers in this class action lawsuit against the home energy product manufacturer said in their complaint that the company did not obtain any kind of prior written consent from them to make these automated phone calls. The calls repeated. They plaintiffs are requesting a trial by jury. They also seek out damages from the company in the form of actual and statutory amounts, declatory and injunctive relief, as well as court costs and other relief deemed under the court. The class group is represented by the following attorneys:
Bryan K. Theis of Theis Law Group in Encinitas, California, and by Blake J. Dugger of Law Offices of Stefan Coleman PLLC in Phoenix.
The case is U.S. District Court for the Southern District of California case number 17-cv-02234. The TCPA law has allowed consumers to seek legal remedy and relief from the bombardment of telemarketing calls that consumers receive in this modern era. Automated telephone dialing systems and email marketing automation has made the regulation consistent but problems persist as more companies use the software without understanding or adhering to legal standards for its use or potential impact on consumers.
Many consumer advocacy groups have long described this behavior as more than annoying, but a violation of privacy in a general sense at least.