SAN DIEGO — Individuals have filed a class-action lawsuit against Impetus Enterprise, Inc. d/s/a Aiding Student Relief, a California corporation, citing alleged violation of the Telephone Consumer Protection Act (TCPA).
John McCurley filed a complaint on behalf of himself and all others similarly situated on Oct. 19, in the U.S. District Court for the Southern District of California against Impetus Enterprise, Inc. d/s/a Aiding Student Relief alleging that the California corporation violated TCPA through intrusive and unwanted calls.
According to the complaint, the plaintiffs allege that, in May 27, John McCurley received an unsolicited text message from the defendant advertising their services, which he received without prior express written consent, thereby causing plaintiff and the class members to incur cellular telephone charges or reduce cellular telephone time for which they have previously paid and having to suffer invasion to their privacy and seclusion.
The plaintiffs hold Impetus Enterprise, Inc. d/s/a Aiding Student Relief responsible because the defendant allegedly failed to acquire a prior express written consent before sending messages to recipients and caused monetary damages to the plaintiff and class members.
The plaintiffs request a trial by jury and seek judgment against defendant, statutory damages, injunctive relief and other relief the court may deem just. They are represented by Joshua B. Swigart and Veronica E. McKnight of Hyde & Swigart in San Diego and Abbas Kazerounian of Kazerouni Law Group APC in Costa Mesa.
U.S. District Court for the Southern District of California Case number 3:16-cv-02603