SAN FRANCISCO – A South Carolina woman alleges a San Francisco corporation sent unsolicited text messages to advertise its photo-storage app and has filed a class-action suit.
Tamika McLemore filed a complaint on behalf of all others similarly situated on Sept. 6 in the U.S. District Court for the Northern District of California against Everalbum Inc. alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that in August, she received an unsolicited text message from the defendant despite being registered with the Do Not Call Registry since 2007. The plaintiff holds Everalbum Inc. responsible because the defendant allegedly sent text messages to plaintiff's cellular telephone without her consent.
The plaintiff requests a trial by jury and seeks actual and statutory damages, treble damages, injunction against the defendant, all legal fees and any other relief as the court deems just. She is represented by Richard T. Drury and Rebecca Davis of Lozeau Drury LLP in Oakland, as well as by Woodrow & Peluso in Denver and the Law Offices of Stefan Coleman in Miami.
U.S. District Court for the Northern District of California Case number 3:16-cv-05133-JCS