Publix accused of violating Telephone Consumer Protection Act

By Hoang Tran | Nov 3, 2015

TAMPA, Fla. (Legal Newsline) -- A Florida man recently filed a class-action lawsuit against one of the 10 largest-volume grocery chains for allegedly placing unauthorized calls to customers' cell phones. 

Eric Snover, on his behalf and others similarly situated, filed the suit on Oct. 15 in U.S. District Court for the Middle District of Florida-Tampa Division against Publix Super Markets, Inc., over alleged violations of the Telephone Consumer Protection Act (TCPA)

Snover alleges that Publix knowingly and/or willingly placed calls to cellular phones belonging to himself and other class members for non-emergency purposes using an automatic telephone dialing system without their prior consent.

Between Feb. 28, 2014, and Nov. 6, 2014, Publix allegedly placed 13 or more calls to Snover’s cell phone. All of these calls were made using alleged prerecored “robocallers.”

Publix’s prerecorded calls did not provide Snover with an option to opt out of these calls and Snover claims that he did not give express prior permission for Publix to contact him.

Snover is seeking $500 in statutory damages for every violation of the Telephone Consumer Protection Act, $500 for statutory damage for each and every call willfully placed by Publix, injunctive relief prohibiting future violations of the TCPA against Publix, attorney fees, and any other relief deemed just by the court. He is being represented by Jonathan B. Cohen of Morgan & Morgan Complex Litigation Group in Tampa, Fla.

U.S. District Court for the Middle District of Florida case no. 8:15-cv-02434-RAL-EAJ

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