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Friday, April 26, 2024

Judge dismisses suit against Marriott

Marriott

Editor's note: This article has been updated from an earlier version to reflect the dismissal of the lawsuit.

SAN DIEGO (Legal Newsline) - A lawsuit from a San Diego man against Marriott regarding alleged unsolicited telemarketing calls has been dismissed after the hotel chain made it clear that the calls weren't made by the company.

Ryan Zeman, individually and for all others similarly situated, filed the class action lawsuit March 2 in the Superior Court of the State of California County of San Diego against Marriott International, Marriott Resorts Hospitality Corporation, Marriott Rewards Subsidiary and Does 1-50, alleging violation of the Telephone Consumer Protection Act.

The suit originally alleged that the defendants used an automatic telephone dialing system and a prerecorded message to call cellphones, advertising Marriott's special offers.

Zeman and other class members say they did not give express written consent for these telemarketing calls.

Marriott clarified that it has no involvement with these calls, and that the ones making these calls are invoking their company's name without the company's involvement.

Zeman and others in the class were seeking a jury trial, statutory damages, injunctive relief, interest and costs of the suit. They were represented by attorneys James T. Hannink and Zach P. Dostart of Dostart Hannink & Coveney in La Jolla, Calif.

The suit was dismissed by U.S. District Judge Michael M. Anello.

 Superior Court of the State of California County of San Diego Case number 37-2016-00007069-CU-MC-CTL

 U.S. District Court for the Southern District of California Case number 3:16-CV-00775-MMA-JMA

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