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NORTHERN CALIFORNIA RECORD

Friday, April 26, 2024

3 consumers allege marketing company violated phone privacy law

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LOS ANGELES — Three Californians have filed a class action lawsuit against a marketing company and its agents, alleging violation of the Telephone Consumer Protection Act (TCPA).

John Sloatman, Kathryn Thyne and Vanessa Garcia filed a complaint, individually and on behalf of all others similarly situated, Sept. 18 in U.S. District Court for the Central District of California against Near Direct and Does 1-10, alleging they violated the TCPA through intrusive and unwanted phone calls.

According to the complaint, the Sloatman, Thyne and Garcia and other similarly situated individuals have suffered from stress and invasion of their privacy, caused by defendants' barrage of phone calls. The suit says the defendants are trying to sell or solicit its services while using an automatic telephone dialing system, despite the plaintiffs' active enrollment to the National Do Not Call Registry. 

The plaintiffs allege the defendants continued to make calls despite the plaintiffs' explicit demand to stop the improper calls. The suit says the defendants unlawfully utilized an automatic telephone dialing system and/or an artificial or prerecorded voice.

Sloatman, Thyne, and Garcia seek trial by jury, statutory damages of $500 for every violation, treble damages of $1,500 for every violation, and all other relief the court deems proper. They are represented by attorneys Todd M. Friedman and Adrian R. Bacon of Law Offices of Todd M. Friedman in Woodland Hills.

U.S. District Court for the Central District of California case number 17-C-6880

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