SAN DIEGO – A San Diego County consumer has filed a class-action lawsuit against a telemarketing company over allegations it invaded her privacy.
Margaret McKenna, individually and on behalf of all others similarly situated filed a complaint on April 5 in the U.S. District Court for the Southern District of California against DialAmerica Marketing Inc. alleging that the telemarketing company knowingly violated the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that the defendant contacted her beginning in October 2016 to market a Highlights for Children subscription. The plaintiff holds DialAmerica Marketing Inc. responsible because the defendant allegedly made calls to her cellular telephone using an automatic telephone dialing system and pre-recorded message without her prior express consent and invaded her privacy.
The plaintiff requests a trial by jury and seeks an order certifying the class and appointing plaintiff as representative and her counsels as class counsel, statutory damages of $500 for each and every negligent violation and $1,500 for each and every willful violations of the act and all other relief that the court deems just and proper. She is represented by Abbas Kazerounian and Jason A. Ibey 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 3:17-cv-00690