Dial with Caution

By Alec Brooks of Kazerouni Law Group, APC on Thursday, October 20, 2016.

Managing partner Abbas Kazerounian is currently co-counsel in a class action lawsuit against Main Street Marketing INC. The suit, on behalf of plaintiff Christopher Malingonis, alleges that the marketing company has carried out actions that are in violation of the TCPA.

The complaint states that Main Street Marketing INC has attempted to contact Malingonis on his cellular telephone numerous times without the plaintiff giving his prior consent. It also claims that the defendant received a request from Malingonis to cease and desist but continued to dial him anyway. As if that wasn’t enough, Main Street Marketing allegedly was carrying out these unwanted phone calls with a prerecorded voice on an automated telephone dialing system.

It’s a common belief that businesses are allowed to make automated or “robocalls” to the wireless telephones of consumers that they have an “established business relationship” with, but that’s not the case according to the FCC. The wireless number of a customer or consumer cannot be dialed by one of these automated systems without that person providing the dialer with written or oral consent.

Kazerounian, along with attorneys Joshua Swigart and Robert Hyde, will be advocating on behalf of the plaintiff and seeking to obtain damages. These damages could be as high as $1,500 per each individual violation made by the defendant.

If you’re being contacted by businesses to your wireless phone, it’s your right to let the caller know that you’d like them to stop contacting you. If they continue after that, keep track of how many times they call. As you can see in the above case you could be awarded an amount of money for each illegal call that’s placed.

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