LOS ANGELES – A Huntington Beach woman has filed a class-action suit against a mobile carrier alleging it called her to solicit its services without her permission.
Denise Menichiello filed a complaint individually and on behalf of all others similarly situated on Sept. 6 in the U.S. District Court for the Central District of California against Verizon Wireless Services LLC, Verizon Winback Group LLC and Does 1-10 alleging that they violated provisions of the Telephone Consumer Protection Act (TCPA).
According to the complaint, beginning in June, Menichiello started receiving calls from the defendants in an attempt to solicit the defendants' services with the use of an automatic telephone dialing system or an artificial or prerecorded voice. The plaintiff alleges her number was added to the National Do-Not-Call Registry in July 11, 2003, and that the defendants did not have her prior express consent to call.
The plaintiffs hold Verizon Wireless Services LLC, Verizon Winback Group LLC and Does 1-10 responsible because the defendants allegedly failed to implement reasonable practices to prevent telephone solicitations in violation of the registry, failed to obtain express consent to call plaintiffs and caused plaintiff to incur charges for incoming calls.
The plaintiff requests a trial by jury and seeks judgment against defendant, injunctive relief, damages and other relief that the court deems just. She is represented by Todd M. Friedman, Adrian R. Bacon and Meghan E. George of Law Offices of Todd M. Friedman in Woodland Hills.
U.S. District Court for the Central District of California Case number 8:16-cv-01635