SACRAMENTO – A New York-based company that "engages in aggressive and reckless marketing as an agent for profit education entities" is alleged to have harassed two consumers with calls, their suit states.
Megan Ivey and Ronniessa Tolefree filed a complaint on behalf of themselves and all others similarly situated on March 9 in the U.S. District Court for the Eastern District of California against Clickspark LLC and Doe individuals alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiffs allege that starting Oct. 6, 2015, they and other similarly situated recipients have suffered from abuse and harassment, including invasion of their privacy and used up capacity on their cellular plan, caused by defendants' unwanted calls to solicit business from plaintiffs. They also allege the calls were made utilizing an automatic telephone dialing system or artificial or pre-recorded voice.
The plaintiffs hold Clickspark LLC and Doe individuals responsible because the defendants allegedly contacted them without express consent and invaded plaintiffs' rights to privacy.
The plaintiffs request a trial by jury and seek relief against defendant, order certifying the classes, award of actual and statutory damages, injunction to cease all unsolicited calls, interest, attorneys’ fees, court costs and further relief as the court deems necessary. They are represented by John P. Kristensen of Kristensen Weisberg LLP in Los Angeles.
U.S. District Court for the Eastern District of California case number 2:18-at-00288