SAN FRANCISCO – A Vallejo individual alleges a pharmacy that he does not do business with kept contacting him with automated calls regarding prescriptions.
Patrick Roberts filed a complaint on behalf of all others similarly situated on Feb. 24 in the U.S. District Court against Safeway Inc. alleging violation of Telephone Consumer Protection Act.
According to the complaint, the defendant sends automated calls or text messages to customers regarding prescription notifications. The plaintiff alleges that he is not a Safeway customer and that beginning in 2016, he suffered damages from receiving several unwanted calls on his cellular telephone from the defendant. He alleges he contacted the defendant to complain and stop the calls, but that the defendant's representative told him that unless he could provide a pharmacy account number associated with his number, the calls could not be stopped. The suit states the plaintiff could not provide the number as he is not a customer.
The plaintiff holds Safeway Inc. responsible because the defendant allegedly failed to provide an opt out option to the robocalls they made to the plaintiff.
The plaintiff requests a trial by jury and seeks injunctive relief, treble damages of up to $1,500, $500 in statutory damages, all legal fees and any other relief as the court deems just. He is represented by Joel D. Smith, L. Timothy Fisher, and Yeremey O. Krivoshey of Bursor & Fisher P.A. in Walnut Creek.
U.S. District Court for the Northern District of California Case number 4:17-cv-00990