SACRAMENTO – Three individuals have filed a class-action lawsuit against a Florida corporation alleging it placed unsolicited and harassing phone calls.
Kinaya Hewlett, Mayra Garcia and Zachary Werlhof filed a complaint on behalf of all others similarly situated on April 5 in the U.S. District Court for the Eastern District of California against
Consolidated World Travel Inc., doing business as Holiday Cruise Line,
alleging that it violated the Telephone Consumer Protection Act.
According to the complaint, the plaintiffs allege that between February and March, they received unsolicited and harassing telemarketing calls on their mobile telephones. The plaintiffs hold Consolidated World Travel Inc. responsible because the defendant allegedly used an artificial or pre-recorded voice when contacting the plaintiffs and did not have their permission to contact them.
The plaintiffs request a trial by jury, injunctive relief prohibiting such violations in the future, damages of up to $1,500 for each and every call that violated the TCPA, $500 in statutory damages for each call that violated the TCPA, all legal fees and any other relief as the court deems just. They are represented by L. Timothy Fisher, Annick M. Persinger and Yeremey O. Krivoshey of Bursor & Fisher PA in Walnut Creek and Scott A. Bursor of Bursor & Fisher PA in New York, New York.
U.S. District Court for the Eastern District of California Case number 2:16-at-00407