SHERMAN — A consumer has filed a class action lawsuit against a telemarketer, alleging nuisance telemarketing practices.
George Kenneth Schopp filed a complaint, individually and on behalf of all others similarly situated, April 28 in the Sherman Division of the Eastern District of Texas against The Right Choice Heating & Air Inc. alleging that violation of the do not call provision of the Telephone Consumer Protection Act.
According to the complaint, on Oct. 29, 2016, Schopp's privacy was invaded by Right Choice's actions of calling his residential phone while his number was on the Do Not Call Registry.
The suit says Schopp was also harassed, abused, inconvenienced. The plaintiff alleges The Right Choice made calls without Schopp's prior express consent and by using an automatic telephone dialing system and/or an artificial or prerecorded voice.
Schopp seeks trial by jury, an order restraining the defendant from violating the TCPA, declaring this case a class action and his counsel as class counsel, statutory damages, attorney fees and court costs, plus all just and equitable relief. He is represented by attorney Chris R. Miltenberger of The Law Office of Chris R. Miltenberger PLLC in Southlake.
Sherman Division of the Eastern District of Texas Case number 4:17-cv-00289