SAN DIEGO — A San Diego County woman has filed a class action lawsuit against a telemarketing company, alleging violations of the Telephone Consumer Protection Act (TCPA).

Ariel Shuckett, individually and on behalf of all others similarly situated, filed a complaint Oct. 9 in U.S. District Court for the Southern District of California against DialAmerica Marketing Inc. alleging the telemarketing company violated TCPA through intrusive and unwanted calls.

According to the complaint, Shuckett and other similarly situated consumers have suffered from frustration, distraction, invasion of their privacy, unnecessary expenditure of their time and intrusion on their seclusion. The suit says this is due DialAmerica Marketing's barrage of calls in an attempt to market goods and services, while unlawfully using an automatic telephone dialing system. 

The plaintiff alleges DialAmerica Marketing contacted the plaintiffs without express consent and invaded their rights to privacy and seclusion.

Shuckett seeks trial by jury, certify the case as a class action, appoint class representative and counsel, $500 in statutory damages for each and every violation, $1,500 in statutory damages for each and every knowing violation, injunctive relief, interest, and all other relief the court deems just. The plaintiffs are represented by attorneys Abbas Kazerounian and Jason A. Ibey of Kazerouni Law Group APC in Costa Mesa, by Daniel G. Shay of Law Office of Daniel G. Shay in San Diego and by Joshua B. Swigart and Yana A. Hart of Hyde & Swigart in San Diego.

U.S. District Court for the Southern District of California case number 17-C-02073

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U.S. District Court for the Southern District of California San Diego Division

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