PHILADELPHIA (Legal Newsline) - Two Pennsylvania residents are suing an electrical and natural gas company, alleging it made unsolicited calls to residential phones.
Earl Markey and Fatu Badiane Markey, individually and for all others similarly situated, filed a class action lawsuit April 4 in the U.S. District Court for the Eastern District of Pennsylvania against Spark Energy LLC and Does 1-10, alleging negligent and willful violations of the Telephone Consumer Protection Act.
The suit alleges Spark Energy placed sales, solicitations or other telemarketing calls to the plaintiffs' residential phones despite the plaintiffs being on the National Do Not Call Registry. Spark Energy, the lawsuit states, used an automatic telephone dialing system and an artificial or prerecorded voice in making these calls, which the plaintiffs never consented to receive.
The plaintiffs and others in the class seek a jury trial, statutory damages of $500 per violating call, treble damages of $1,500 per violating call and injunctive relief.
They are represented by attorney Cynthia Z. Levin of the Law Offices of Todd M. Friedman in King of Prussia, Pa.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-CV-01597-MSG