HOUSTON – A Houston man alleges that a McKinney-based education institution illegally called him for telemarketing purposes.
Warren Bane, individually and on behalf of all others similarly situated, filed a complaint on June 4 in the Houston Division of the Southern District of Texas against State Continuing Education LLC alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that in February 2016, he received calls on his cellular telephone from defendant offering educational classes. He alleges he never provided his number or consent to the defendant and that his number has been registered on the National Do-Not-Call Registry since 2004.
The plaintiff holds State Continuing Education LLC responsible because the defendant allegedly made numerous unsolicited calls to his cellular telephone within a 12-month period without his prior express consent.
The plaintiff requests a trial by jury and seeks an order certifying this class as a class action and appointing plaintiff and his counsel as representatives, award of actual and statutory damages, with interest, attorneys’ fees and court costs and all further relief that are necessary, just and proper. He is represented by W. Craft Hughes and Jarrett L. Ellzey of Hughes Ellzey LLP in Houston and Bryant A. Fitts of Fitts Law Firm PLLC in Houston.
Houston Division of the Southern District of Texas case number 4:18-cv-01827