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Webimax accused of phone spamming

By Hoang Tran | Nov 5, 2015

HOUSTON (Legal Newsline) — A Houston, Texas man is suing a website design and optimization company, alleging the company partook in illegal telephone spamming.

Mark W. Coerver, individually and on behalf of himself and all others similarly situated, filed a class-action lawsuit on Oct. 26 in the U.S. District Court for the Southern District of Texas Houston Division against Webimax, alleging violation of the Telephone Consumer Protection Act (TCPA).

The suit alleges Webimax, or someone on the defendant’s behalf, has made one or more unauthorized calls to the plaintiff’s cell phone using an automatic telephone dialing system or pre-recorded voice for the purpose of soliciting business from Coerver dozens of times between August and September.

The lawsuit also alleges that Webimax utilizes a third-party call center to place calls on its behalf under the misguided belief this arrangement insulates the defendant from TCPA liability.

The suit says the plaintiff has not given prior express permission to Webimax to contact him and has tried multiple times to request the defendant to stop calling.

Coerver is seeking actual and statutory damages for each alleged violation, injunctive relief prohibiting Webimax's conduct, pre-judgment and post-judgment interest on monetary relief, and attorney fees and court costs, plus all other and further relief as the court deems necessary. He is represented by W. Craft Hughes and Jarrett L. Ellzey at Hughes Ellzey in Houston.

U.S. District Court for the Southern District of Texas Houston Division Case number 4:15-cv-03140.

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