SAN DIEGO – A San Diego resident claims a New York business invaded his privacy with its calls.
Sam Atherton Jr. filed a complaint individually and on behalf of others similarly situated on Dec. 10 in the U.S. District Court for the Southern District of California against Clickspark LLC alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that before February 2015, he started receiving calls from the defendant that were made using an automatic telephone dialing system or an artificial or pre-recorded voice without plaintiff's express prior consent. The plaintiff holds Clickspark LLC responsible because the defendant allegedly invaded plaintiff's right to privacy.
The plaintiff requests a trial by jury and seek judgment against defendant, certify as a class action, appoint named plaintiff and counsel as class representative/counsel, statutory damages of $500 and $1,500 for every violation, injunctive relief, and other relief that the court deems just.
He is represented by Joshua B. Swigart and Yana A. Hart of Hyde & Swigart in San Diego, Abbas Kazerounian of Kazerouni Law Group APC in Costa Mesa and Daniel G. Shay of Law Office of Daniel G. Shay in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-03000