SACRAMENTO – A Fresno man has filed a class-action lawsuit against the nationwide franchisee of A&W restaurants over allegations of unwanted text messages.
Cory Larson filed the lawsuit Feb. 17 in the U.S. District Court for the Eastern District of California against Harman-Management Corp. and 3Seventy Inc., alleging that they knowingly violated the Telephone Consumer Protection Act by sending unauthorized text messages.
According to the complaint, the plaintiff alleges that he received a text message from the defendants that prompted multiple automated text messages related to coupons for food items from A&W. The plaintiff holds Harman-Management Corp. and 3Seventy Inc. responsible because the defendant allegedly sent telemarketing text messages to the plaintiff's cellular telephone without prior consent.
The plaintiff seeks the following: statutory damages of $500 for each call found in violation of the TCPA, treble damages of up to $1,500 per call found in violation of the TCPA, attorneys' fees, costs of suit and any other relief the court deems just and proper. He is represented by Trinette G. Kent of Lemberg Law LLC in Phoenix and Sergei Lemberg and Stephen Taylor of Lemberg Law LLC in Wilton, Connecticut.
U.S. District Court Eastern District of California Case number 1:16-at-00116