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NORTHERN CALIFORNIA RECORD

Thursday, March 28, 2024

3 consumers accuse California company of telephone harassment

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SAN DIEGO — Three California consumers has filed a class action lawsuit against an Irvine company, alleging violation of telephone harassment statutes.

Lucas Ambrezewicz, Edward Timmons, and Mark Haigler, individually and on behalf of all others similarly situated, filed a complaint Nov. 1 in U.S. District Court for the Southern District of California against GDFriend Inc. doing business as Direct Home Energy Solutions, doing business as Green Home Investment Program, doing business as Powerstar Home Energy Solutions, alleging violations of the Telephone Consumer Protection Act.

According to the complaint, the plaintiffs were illegally contacted by the defendant attempting to promote its business and services. The suit says GDFriend used unsolicited auto-dialed telephone calls and the class cellular telephones, including those that appear on the National Do Not Call Registry without consent of the plaintiffs. 

As a result, the auto-dialed telephone calls have caused aggravation, annoyance, nuisance and invasions of privacy to the class. 

The plaintiffs allege the defendants failed to obtain any prior express consent to make numerous auto-dialed calls to cellular telephone numbers, failed to maintain an internal Do Not Call list and failed to inform its personnel engaged in telemarketing of the existence and use of such a list and failed to honor stop-call requests of consumers.

The plaintiffs seek trial by jury, actual, statutory and treble damages, attorney fees, court costs and all other relief the court deems reasonable and just. They are represented by attorneys Bryan K. Theis of Theis Law Group in Encinitas, California, and by Blake J. Dugger of Law Offices of Stefan Coleman PLLC in Phoenix.

U.S. District Court for the Southern District of California case number 3:17-cv-02234-L-JMA

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