Shaun Zinck Aug. 3, 2015, 9:45am


NEW YORK (Legal Newsline) - A consumer is suing a New York gas company, alleging it called individuals soliciting services without prior consent.

Stewart Abramson, individually and on behalf of similarly situated individuals, filed the class action lawsuit July 8 in U.S. District Court Southern District of New York against Alpha Gas and Electric, alleging the telemarketing calls violated the federal Telephone Consumer Protection Act.

According to the complaint, Abramson received a phone call from the defendant on June 1 on his cellphone.

The lawsuit said federal law prohibits automated or prerecorded telephone calls unless the other party gives consent to receive the calls.

“The TCPA categorically bans persons and entities from initiating telephone calls using an automated telephone dialing system [or 'autodialer'] to any telephone number assigned to a cellular telephone service,” the lawsuit said. “A telemarketer may use an autodialer to call a telephone number assigned to a cellular telephone service, however, the telemarketer must have the call recipient’s prior express written consent.”

The lawsuit said consent must be given in writing with the phone number owner's signature authorizing the calls.

The suit seeks class status for those who received an unsolicited phone call from Alpha Gas within the last four years. The lawsuit also seeks and unspecified amount in damages plus court costs.

Abramson is represented by attorneys Aytan Y. Bellin of Bellin & Associates in White Plains, N.Y.; Edward A. Broderick and Anthony Paronich of Broderick Law, in Boston; and Matthew P. McCue of The Law Office of Matthew P. McCue in Natick, Mass.

U.S. District Court for the Southern District of New York case number 7:15-cv-05299.

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