SAN DIEGO — Individuals have filed a class-action lawsuit against Spark Marketing and Research Inc. a/k/a SparkCallCenter.com, Jonathan Adler, Adler Enterprises and DOES 1-10, marketing companies, citing alleged violation of the Telephone Consumer Protection Act (TCPA).
Ron Ramos filed a complaint individually and on behalf of all others similarly situated on Oct. 21, in the U.S. District Court for the Southern District of California against the defendants alleging that they violated TCPA through intrusive and unwanted calls.
According to the complaint, the plaintiffs allege that, in February, Ron Ramos and class members started receiving calls from the defendants and their agents on their cellular telephones, in an attempt to solicit plaintiffs to purchase their services. The plaintiffs believe that the calls were made using an automatic telephone dialing system or an artificial or prerecorded voice. Consequently, when the plaintiffs demanded for the calls to stop, the defendants ignored their demands, thereby causing plaintiffs to suffer incoming call charges, reduced telephone time and invasion of their privacy.
The plaintiffs hold Spark Marketing and Research Inc. a/k/a SparkCallCenter.com, Jonathan Adler, Adler Enterprises and DOES 1-10 responsible because the defendants allegedly failed to establish and implement reasonable practices and procedures to effectively prevent telephone solicitations, and contacted recipients without obtaining prior express written consent.
The plaintiffs request a trial by jury and seek judgment against defendant, damages, injunctive relief and other relief the court deems just. They are represented by Todd M. Friedman, Adrian R. Bacon and Meghan E. George of Law Offices of Todd M. Friedman PC in Woodland Hills.
U.S. District Court for the Southern District of California Case number 3:16-cv-02623