Earthlink sued for using auto-dialer to call customer's cell phone without permission

John Suayan, Galveston Bureau Oct. 4, 2013, 3:04pm

GALVESTON - A League City man brought a lawsuit against his Internet service provider for continuously calling his cell phone without his permission.

In court documents filed Sept. 30 in Galveston County District Court, Martin A. Arguello II asserts that he never consented to allowing Earthlink Inc. to contact him using an auto-dialer.

Arguello has reportedly been an Earthlink customer since 1995.

The suit shows that the calls in question began last Aug. 1, stating the claimant knows an auto-dialer was used "because when he answered the calls there would be a long pause before he connected with a person."

"The plaintiff does not concede that he gave consent to receive auto-dialer calls to his cell phone," the original petition says.

"However, out of an abundance of caution, during this time, the plaintiff orally revoked any consent he may have given for the defendant to use an auto-dialer to call his cell phone, but the calls continued."

Earthlink allegedly called Arguello with the auto-dialer about 30 times by the end of August.

It eventually called 10 more times after the complainant sent a demand letter for revocation, the suit says.

Consequently, he seeks $1,500 per violating call and a jury trial.

Attorney Alice E. Warburton of Arguello, Hope & Associates PLLC in Houston is representing the plaintiff, and Galveston County 405th District Court Judge Michelle Slaughter is presiding over the litigation.

Case No. 13-CV-1260

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