A Los Angeles woman, on behalf of herself and others, is bringing a lawsuit against a solar power company for collection calls that were allegedly made to cellular phones without agreement or permission.
Marissa Weisberg, on her own behalf and for others similarly situated, is suing Suntime Energy and 10 additional unnamed defendants in a class action lawsuit filed Nov. 13 in the U.S. District Court for the Central District of California, citing willful and/or negligent violations of the Telephone Consumer Protection Act.
Weisberg alleges that beginning in October, she started receiving automated telephone calls on her cellular telephone regarding the collection of a debt owed to Suntime Energy by her mother. She further states that these calls were not emergency calls as statutorily defined, at no time did she provide prior consent to receiving automated telephone calls, and that her cellular service provider charges her for incoming calls.
Weisberg, in the complaint, purports to be bringing this lawsuit on behalf of herself and any other individuals similarly called with this automated dialing system who had not consented to these calls or provided defendants with their cellular telephone number. She identifies the stated harm caused as the reduction in available telephone minutes or increased fees for individuals so affected as a direct result of the defendants' alleged negligent and willful breaches of the Telephone Consumer Protection Act with respect to each and every potential class action member.
Weisberg states the anticipated total amount of damages exceeds the $5,000,000 jurisdictional requirement for federal court jurisdiction as well as individual damages of up to $1,500 per call for the willful and knowing and/or negligent actions of defendants. She is represented by attorney Todd M. Friedman of the Law Offices of Todd M. Friedman located in Beverly Hills.
U.S. District Court for the Central District of California case number 2:15-cv-08838-PA-JEM