LOS ANGELES – A Los Angeles County company is alleged to have sent unsolicited faxes advertising insurance to a consumer.
Michael Barco filed a complaint on Sept. 6 in the U.S. District Court for the Central District of California against Benveniste Insurance and Does 1-20 citing the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that he received an unsolicited fax from Benveniste Insurance in December 2014 that was an advertisement for health insurance. He alleges he did not have an established business relationship with the defendant and the defendant sent the fax without his consent.
The plaintiff holds Benveniste Insurance and Does 1-20 responsible because the defendants allegedly transmitted an unsolicited advertisement without the prior express invitation or permission from recipients and invaded plaintiff's rights to privacy and seclusion.
The plaintiff requests a trial by jury and seeks judgment against the defendants for $500 in statutory damages for every violation, $1,500 in treble damages for every willful violation, injunctive relief, and other relief the court may deem just. He is represented by Joshua B. Swigart and Yana A. Hart of Hyde & Swigart APC in San Diego; Abbas Kazerounian of Kazerouni Law Group APC in Costa Mesa; and Patric Lester of Lester & Associates in San Diego.
U.S. District Court for the Central District of California case number 2:18-cv-07754