Joseph Menichiello and Jason Alan, individually and for all others similarly situated, filed a class-action lawsuit Dec. 29 in the U.S. District Court for the Central District of California against Capital Advance Solutions, alleging violations of the Telephone Consumer Protection Act (TCPA).
According to the suit, Capital Advance contacted the plaintiffs' cellphones in an attempt to solicit services in October and December. The suit states the defendant used an artificial or pre-recorded voice and an automatic telephone dialing system for these calls, which were made without the plaintiffs' consent and were not for emergency purposes, in violation of the TCPA.
The plaintiffs incurred charges for these incoming calls, the suit states.
The plaintiffs and others in the class seek statutory damages of $500 and treble damages of $1,500 per violating call. They are represented by attorneys Todd M. Friedman and Adrian R. Bacon of the Law Offices of Todd M. Friedman in Beverly Hills.
U.S. District Court for the Central District of California Case number 8:15-CV-02163-SVW-KES