SAN FRANCISCO – An Alameda County business has filed a class-action suit against a Texas payment processing corporation over allegedly unsolicited telemarketing.

Abante Rooter and Plumbing Inc. filed a complaint individually and on behalf of all others similarly situated on Sept. 26 in the U.S. District Court for the Northern District of California against Pivotal Payments Inc., doing business as Capital Processing Network and CPN,valleging violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that on July 15, it received a call from the defendant, using an automatic telephone dialing system with a prerecorded message stating that the call was marketing credit card processing services. It alleges it received several more calls to its cellular telephone, despite having sent a response email that it is not in any way interested in its services. As a result, it alleges it was harmed because its privacy was violated, it was subjected to annoying and harassing calls, was charged for incoming calls, and said calls also occupied its cellular telephone lines from legitimate calls. 

The plaintiff hold Pivotal Payments Inc. responsible because the defendant allegedly continued placing calls despite being told to ceased calling and utilized an autodialer and a pre-recorded or artificial voice.

The plaintiff requests a trial by jury and seeks judgment against defendant, certify this suit as a class-action case, appoint its representative and counsel for the class, declaratory and injunctive relief, damages, attorneys' fees, costs and further relief as the court deems just. It is represented by Steven M. Tindall of Rukin Hyland Doria & Tindall LLP in San Francisco, Beth E. Terrell and Jennifer Rust Murray of Terrell Marshall Law Group PLLC in Seattle, Edward A. Broderick and Anthony I. Paronich of Broderick & Paronich PC in Boston and Matthew P. McCue of The Law Office of Matthew P. McCue in Natick, Massachusetts.

U.S. District Court for the Northern District of California Case number 3:16-cv-05486

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U.S. District Court for the Northern District of California
450 Golden Gate Avenue
San Francisco, CA - 94102

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