SAN FRANCISCO –
A Vallejo individual alleges a pharmacy that he does not do business
with kept contacting him with automated calls regarding prescriptions.
Roberts filed a complaint on behalf of all others similarly situated on
Feb. 24 in the U.S. District Court against
Safeway Inc. alleging violation of Telephone
Consumer Protection Act.
According to the complaint, the
defendant sends automated calls or text messages to customers regarding
prescription notifications. The plaintiff alleges that he is not a
Safeway customer and that beginning in 2016, he suffered damages from
receiving several unwanted calls on his cellular telephone from the
defendant. He alleges he contacted the defendant to complain and stop
the calls, but that the defendant's representative told him that unless
he could provide a pharmacy account number associated with his number,
the calls could not be stopped. The suit states the plaintiff could not
provide the number as he is not a customer.
The plaintiff holds
Safeway Inc. responsible because the defendant allegedly failed to
provide an opt out option to the robocalls they made to the plaintiff.
plaintiff requests a trial by jury and seeks injunctive relief, treble
damages of up to $1,500, $500 in statutory damages, all legal fees and
any other relief as the court deems just. He is represented by Joel D.
Smith, L. Timothy Fisher, and Yeremey O. Krivoshey of Bursor &
Fisher P.A. in Walnut Creek.
U.S. District Court for the Northern District of California Case number 4:17-cv-00990