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Monday, March 18, 2024

San Diego consumer accuses marketing agency of violating TCPA

SAN DIEGO (Legal Newsline) — A San Diego County man is suing a marketing agency, alleging abuse of telephone technology.

Christopher Melingonis filed a class action complaint, individually and on behalf of all others similarly situated, Sept. 9 in U.S. District Court for the Southern District of California against Main Street Marketing Inc. alleging violation of the Telephone Consumer Protection Act.

According to the complaint, from July through Sept. 6, Melingonis has received numerous telephone calls on his cellular phone without his prior express consent. As a result, the suit says, he was caused to incur cellular phone charges and/or reduce his cellphone time. 

The plaintiff alleges Main Street Marketing illegally contacted him using an automatic telephone dialing system with an artificial or prerecorded voice and continued to make calls even after he requested the defendant to stop calling him.

Melingonis seeks trial by jury, damages of up to $1,500 for each and every violation, injunctive relief prohibiting the defendant's unlawful conduct in the future, plus all other relief the court may deem just and proper. He is represented by attorneys Joshua B. Swigart and Robert Hyde of Hyde & Swigart in San Diego, and by Abbas Kazerounian of Kazerounian Law Group PC in Costa Mesa, California.

U.S. District Court for the Southern District of California Case number 3:16-cv-02292

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