SAN DIEGO – An Alameda County business alleges it was unlawfully contacted by Sears Brand LLC.
Abante Rooter & Plumbing filed a complaint on behalf of all others similarly situated on June 8 in the U.S. District Court for the Northern District of California against Sears Brand LLC, doing business as Sears Home Improvement and Sears Home Services, citing the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that beginning in 2016, it suffered damages from receiving several solicitation calls despite being registered on the National Do-Not-Call Registry. The plaintiff holds Sears Brand LLC responsible because the defendant allegedly used an automatic telephone dialing system to call the plaintiff without having a prior relationship.
The plaintiff requests a trial by jury and seeks $500 in statutory damages, $1,500 in treble damages, injunctive relief and any other relief as the court deems just. It is represented by Joshua Swigart and Yana Hart of Hyde and Swigart in San Diego.
U.S. District Court for the Northern District of California case number 4:17-cv-03312-JSW