Consumer claims texts from Investor’s Business Daily, MarketSmith are unwanted

By Jenie Mallari-Torres | Mar 20, 2018

SACRAMENTO – A Citrus Heights consumer alleges a Los Angeles corporation and its division send unsolicited text messages.

Clifford Armstrong filed a complaint individually and on behalf of all others similarly situated on March 6 in the U.S. District Court for the Eastern District of California against Investor’s Business Daily Inc. and MarketSmith Inc.

According to the complaint, the plaintiff alleges that the defendants send text messages to consumers without their consent and through the use of an autodialer. He alleges he received two text messages from the defendants in May 2017. He alleges he did not request the defendants to send him text messages and has not sought information from the defendants.

The plaintiff requests a trial by jury and seeks judgment against defendants, an order certifying the class, award of actual monetary loss, declaratory judgment, disgorgement of any ill-gotten funds, award of attorneys’ fees and costs, and further relief that the court deems reasonable. He is represented by Bryan Theis of Theis Law Group PC in Encinitas; Ross Howard Schmierer of DeNittis Osefchen Prince PC in New York; and Stefan Coleman of Law Offices of Stefan Coleman PA in Miami.

U.S. District Court for the Eastern District of California case number 2:18-cv-00487

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