Company sued for placing prerecorded calls to Gainesville man’s cell phone

Michelle Keahey, East Texas Bureau Feb. 25, 2013, 7:03pm

SHERMAN - A Gainesville man has filed a lawsuit claiming he has not be able to stop a company from placing prerecorded calls to his cellular phone. 

Aiden Potts filed suit against National Lending Associates Inc., doing business as Education Loan Source, on Feb. 15 in the Eastern District of Texas, Sherman Division.

According to the lawsuit, around Jan. 16, 2013, the defendant began contacting Potts by placing calls using an automated telephone dialer system with an artificial or prerecorded voice to Potts’ cellular phone.

During the telephone calls, Potts informed the defendant that he never consented to be contacted by the defendant and requested that defendant cease all Robocalls. Despite this request, the Defendant continued to place numerous Robocalls throughout the day to Potts.

Potts also called Defendant on several occasions and followed defendant’s prompt to have his number removed from their calling list.

The defendant is accused of violating the Telephone Consumer Protection Act.

The plaintiff is seeking an award of statutory damages, attorney’s fees, and court costs.

Potts is represented by Jody B. Burton of Lemberg & Associates in Stamford, Conn.

A jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 4:13-cv-00087

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