HOUSTON – Several Texas residents have instituted a class-action complaint alleging they received unsolicited and nuisance calls on their cell phones in violation of the Telephone Consumer Protection Act (TCPA).
Terri Pepper, Dallas Dean, Dave Seamans, Carl Moreland, Harold Aydelott, David Cathey, Justin Evans, Kathy Duff, Melanie Edwards, Michael Delong, Nicole Vela Groskopf, Richard Henderson, Todd Cianciulli, Julie Leichtle and Clint Steiner, on behalf of themselves and others similarly situated, filed a complaint on Aug. 24 in the U.S. District Court in the Southern District of Texas Houston Divisionagainst Best Storm Leads Corp., alleging violation of the TCPA.
The plaintiffs alleged in their class action that between June 2019 and June 2020 they received unsolicited "autodialed telemarketing calls" on their cell phones from the defendants. According to their complaint, the plaintiffs had registered their telephone numbers on the National Do Not Call Registry and received the autodialed calls from the defendants followed by a salesperson coming on the line.
They alleged the salesperson represented themselves as being from various "false" company names including "Texas One," "Texas Roofing," "Texas One Roofing Inspections," "Midwest Roofing" and others.
The plaintiffs also claimed they did not give written consent to receive the calls and that the calls tied up their phone lines, invaded their privacy, caused "wear and tear" on their cell phones including use of battery life, and caused them to incur cell phone charges.
The plaintiffs seek monetary and all other just relief. They are represented by Cory Fein of The Cory Fein Law Firm in Houston.
Houston Division of the Southern District of Texas case number 4:20-CV-2961