SAN DIEGO — Individuals have filed a class-action lawsuit against Infinity Energy Inc., a California company, citing alleged invasion of privacy and violation of the Telephone Consumer Protection Act.
Patrick Cross filed a complaint individually and on behalf of all others similarly situated on Oct. 10, in the U.S. District Court for the Southern District of California against Infinity Energy Inc. alleging that the California company violated TCPA through intrusive and unwanted calls.
According to the complaint, the plaintiffs allege that, on Oct.7, Patrick Cross received a call on his cellular telephone from the defendant, at first using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice until he was transferred to a live agent who offered ways to save on electricity, which was clearly a marketing strategy, thereby causing plaintiff and class members to suffer from invasion of their privacy, nuisance and incurred expenses including incoming call charges and counsel fees.
The plaintiffs hold Infinity Energy Inc. responsible because the defendant allegedly contacted plaintiffs despite not acquiring prior expressed consent to call and invaded upon the privacy and peace of the plaintiffs by their persistent calls using an ATDS.
The plaintiffs request a trial by jury and seek judgment against defendant, injunctive relief, statutory and treble damages and other relief the court may deem just. They are represented by Joshua Swigart and Kevin Lemieux of Hyde and Swigart in San Diego and Abbas Kazerounian of Kazerouni Law Group APC in Costa Mesa.
U.S. District Court for the
District of California Case number 3:16-cv-02527