SAN FRANCISCO – A New Jersey man claims a Redwood City mobile messaging company kept sending him text messages after he requested it to cease sending them.
David Erdely filed a complaint on behalf of all others similarly situated on March 3 in the U.S. District Court for the Northern District of California against Clickatell Inc. alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that in November 2016, he suffered damages from receiving several unwanted text messages from the defendant soliciting him to purchase phone minutes to make calls to Cuba. The plaintiff holds Clickatell Inc. responsible because the defendant allegedly kept on sending unsolicited text messages to the plaintiff despite opting out of the service.
The plaintiff requests a trial by jury and seeks actual and statutory damages, injunction against the defendant, order the defendant to honor the opt-out request, all legal fees, and any other relief as this court deems just. He is represented by Richard T. Drury and Rebecca Davis of Lozeau Drury LLP in Oakland.
U.S. District Court for the Northern District of California Case number 4:17-cv-01104-KAW