SAN DIEGO — A San Diego County man has filed a class action lawsuit against marketing companies and agents, alleging violations of the Telephone Consumer Protection Act (TCPA).
Kyle Miholich filed a complaint, individually and on behalf of all others similarly situated, Nov. 2 in U.S. District Court for the Southern District of California against Welk Resort Group Inc., Soleil Communications Inc., Does 1-10, ABC Corporations 1-10 and ZYZ LLC 1-10, alleging they violated the TCPA through intrusive and unwanted calls.
According to the complaint, Miholich and other similarly situated consumers have suffered from the barrage of phone calls received from the defendants in their attempt to induce the plaintiffs to attend a timeshare sales presentation.
The plaintiff alleges the defendants failed to provide Miholich a written copy of its do not call policy, contacted the plaintiff without express consent, and unlawfully utilized an automatic telephone dialing system and/or an artificial or pre-recorded voice.
Miholich seeks trial by jury, certify the case as a class action, $500 in statutory damages for each violation, $1,500 in statutory damages for each willful violation, and all further relief the court deems just and proper. They are represented by attorney Dante T. Pride of The Pride Law Firm in San Diego.
U.S. District Court for the Southern District of California case number 17-cv-02240