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Consumer initiates class action against Time Warner over alleged intrusive calling practices

By Carol Ostrow | Sep 18, 2015

Time warner cable logo

A California resident brought a class action lawsuit against Time Warner Cable, a U.S. satellite television provider doing business in Los Angeles County, alleging damages from deceptive and intrusive telemarketing practices beginning in 2014.

Damon Byrd of Los Angeles filed against Time Warner Cable Inc. and Does 1-10 inclusive in the U.S. District Court Central District of California on Sept. 2, alleging deliberate contact with the plaintiff via cellphone in violation of the Telephone Consumer Protection Act between April 2014 and the present.

According to the complaint, Time Warner representatives repeatedly dialed the plaintiff’s cellphone number in an attempt to collect an alleged debt belonging to a party named “Anna” beginning in April 2014.

The suit states that the defendant placed multiple calls daily between April 3, 2014, and Sept. 15, 2014, using an automatic dialing system, and left unwanted voicemail messages unlawfully using an artificial or pre-recorded voice. Byrd maintains that the calls were not for emergency purposes, that he is not a customer of Time Warner, and has never provided the defendant with personal contact information.

The plaintiff seeks $500 to $1,500 for each call in violation of the TCPA, to exceed the $5 million threshold for federal court jurisdiction. The class is defined as individuals receiving unsolicited calls within four years preceding this action.

Byrd requests injunctive relief, compensation for statutory damages, treble damages, attorney’s fees, expenses, and costs. He is represented by Todd Friedman, Suren Weerasuriya and Adrian Bacon of the Law Offices of Todd Friedman in Beverly Hills, Calif.

U.S. District Court Central District of California case number 2:15-cv-06834-CBM-FFM

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