Consumer alleges Vimo subsidiary unlawfully called his cellphone

By Jenie Mallari-Torres | Oct 3, 2018

SAN DIEGO – A San Diego County consumer alleges that a company unlawfully contacted him for solicitation purposes.

Kyle Miholich filed a complaint individually and on behalf of all others similarly situated on Sept. 27 in the U.S. District Court for the Southern District of California against Vimo Inc., Does 1-10, ABC corporations 1-10, ZYZ LLCs 1-10 alleging violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that on July 16, the defendants contacted his cellphone and left a pre-recorded voicemail identifying the caller as GetInsured.com, a wholly owned subsidiary of Vimo. He alleges he has never provided the defendants with his cellphone number.

The plaintiff holds Vimo Inc., Does 1-10, ABC corporations 1-10, ZYZ LLCs 1-10 responsible because the defendants allegedly engaged in an unlawful practice of using an autodialer to place calls to cellular phones and without prior express consent to place the calls.

The plaintiffs request a trial by jury and seek judgment against defendants, certify class action, injunctive relief, $500 in statutory damages for each and every violation, $1,500 in statutory damages for each and every willful violation, and other relief the court may deem just. He is represented by Alex S. Madar of Madar Law Corp. in San Diego.

U.S. District Court for the Southern District of California case number 3:18-cv-02256

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