BROWNSVILLE – A Houston resident alleges a real estate brokerage cold called him without his consent to solicit its services.
Stephen Huzar, individually and on behalf of all others similarly situated, filed a complaint on May 14 in the U.S. District Court for the Southern District of Texas against Hardee Texstar Homes Inc., doing business as Century 21 Hardee-Team Realty, alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that beginning in March, he received numerous unwanted calls to his cellular telephone from the defendant in its attempt to solicit its business. As a result, he alleges he has suffered actual harm for loss of use and enjoyment of his phone and diminished memory, software, hardware and battery components.
The plaintiff holds Hardee Textstar Homes Inc. responsible because the defendant allegedly made unsolicited calls to consumers without their prior express consent through the use of an automated telephone dialing system.
The plaintiff requests a trial by jury and seeks an order certifying this case as a class action and appointing plaintiff his attorneys as representative of the class, award of actual and statutory damages and all other relief that are necessary. He is represented by Jason Johnson of Terrel Law Group in Houston, Avi R. Kaufman of Kaufman PA in Miami, and Stefan Coleman of Law Offices of Stefan Coleman PC in Lakewood, New Jersey.
U.S. District Court for the Southern District of Texas case number 4:18-cv-01549