Galena Park man accuses Wal-Mart of calling him without permission

John Suayan, Galveston Bureau Nov. 6, 2013, 2:58pm

HOUSTON - A Galena Park man claims Wal-Mart Stores Inc. continues to contact him despite his request for it to stop, recent court papers say.

In a lawsuit filed Nov. 5 in the Houston Division of the Southern District of Texas, Edwin Henry accuses the discount retailer of continuously calling his cell phone "without express consent."

Henry notified one of the company's regional stores and its corporate office he wanted his number removed from its prescription refill call list earlier this year, the suit says.

He asserts the respondent, however, continued to call his phone "up to three times per day" using an automatic telephone dialing system with an artificial or prerecorded voice.

The purported calls from the defendant originated from several telephone numbers, including but not limited to, (866) 575-4108.

"When answering the defendant’s telephone calls, Plaintiff heard a prerecorded message reminding the plaintiff to get his prescription filled," the suit says.

Consequently, the complainant seeks about $2,000 for every unwanted call and a jury trial.

He is represented by attorney Jody B. Burton of Lemberg & Associates L.L.C. in Stamford, Conn.

Case No. 4:13-CV-3253

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