LOS ANGELES (Legal Newsline) - A California man is suing a Long Beach health care facility, alleging it made unsolicited calls to his cellphone.
Allen Carter of Grand Terrace, individually and for all others similarly situated, filed a class action lawsuit Feb. 29 in U.S. District Court for the Central District of California against Molina Healthcare of California, alleging negligent and willful violations of the Telephone Consumer Protection Act.
The suit alleges that in November 2015, Molina Healthcare called Carter's cellphone using an automatic telephone dialing system and left a prerecorded voicemail using an artificial voice. Carter said he did not provide prior express consent to receive these calls, which were not made for emergency purposes.
Carter and others in the class seek injunctive relief, statutory damages of $500 per violating call, and treble damages of $1,500 per violating call. They are represented by attorney Matthew A. Rosenthal of Westgate Law in Los Angeles, and attorneys G. Thomas Martin III and Nicholas J. Bontrager of Martin & Bontrager in Los Angeles.
U.S. District Court for the Central District of California Case number 5:16-CV-00364-FMO-JPR