SAN DIEGO – A San Diego citizen alleges a company unlawfully contacted her to solicit a solar system.
Rebecca Stacy, individually and on behalf of all others similarly situated, filed a complaint on April 14 in the U.S. District Court for the Southern District of California against Burmax LLC, Next Phase Marketing and Jeff Richards alleging that the defendants violated the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that on Aug. 16, 2016, plaintiff started receiving numerous telephone calls on her cellular telephone from the defendant utilizing an automatic telephone dialing system and an artificial or prerecorded voice. Stacy claims the calls were a nuisance and invaded her privacy.
The plaintiffs holds Burmax LLC, Next Phase Marketing and Richards responsible because the defendants allegedly failed to get a prior express consent before placing numerous calls and failed to cease all calls even after being requested to stop the calls twice.
The plaintiff requests a trial by jury and seeks for herself and each class member $500 in statutory damages, injunctive relief prohibiting such conduct in the future and any other relief the court may deem just and proper. She is represented by Joshua Swigart and Kevin Lemieux of Hyde and Swigart in San Diego.
U.S. District Court for the Southern District of California Case number 3:17-cv-00756-CAB-KSC