SAN FRANCISCO – The owner of Reliable Plumbing and Heating Services in Monterey allege an insurer has been sending him unwanted faxes.
John C. Etter filed a complaint on behalf of individually and a class of similarly situated persons on Jan. 13 in the U.S. District Court for the Northern District of California against the
Allstate Insurance Co., Allstate Indemnity Co. et al.
alleging violation of the Junk Fax Prevention Act.
According to the complaint, the plaintiff alleges that he suffered from intrusion on his daily activities and uninterrupted valuable time caused by defendants' disregard for sending unsolicited advertising materials through facsimile without first obtaining the proper consent in October 2016. He alleges he was further damaged by the consumption of valuable fax paper and toner and wasted time receiving unsolicited advertisements.
The plaintiffs hold Allstate Insurance Co., Allstate Indemnity Co. et al. responsible because the defendants allegedly failed to acquire prior express consent to send facsimile materials and did not include an opt-out notice on the fax.
The plaintiffs request a trial by jury and seek judgment against defendants, maintain class action, appoint representative and counsel, monetary losses, damages, enjoin from further violations, interest, costs, and further relief as the court deem just. He is represented by Robert C. Schunert and Willem F. Jonckheer of Schubert Jonckheer & Kolbe LLP in San Francisco and Brian J. Wanca of Anderson & Wanca in Rolling Meadows, Illinois.
U.S. District Court for the Northern District of California Case number 3:17-cv-00184