LOUISVILLE, Ky. (Legal Newsline) – A Kentucky consumer has filed a class-action lawsuit against a sporting goods provider over collection calls he kept receiving for another party.
Franklin Eldridge filed a complaint on behalf of all others similarly situated on Aug. 22 in the U.S. District Court for the Western District of Kentucky, Louisville Division against Cabela’s Inc. alleging that the sporting goods provider violated the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that in February, he began receiving calls to his cellular telephone number from the defendant attempting to collect an alleged outstanding debt owed by third party unknown to him. He alleges he suffered actual harm and legal injury, aggravation and nuisance, in addition to a loss of value for the monies he paid to his wireless carrier.
The plaintiff holds Cabela’s Inc. responsible because the defendant allegedly made calls using an automatic telephone dialing system and an artificial or pre-recorded voice and without his prior express consent. He alleges the defendant continued to call even after his request to stop calling him.
The plaintiff requests a trial by jury and seeks an order certifying this to proceed as a class action, appointing plaintiff as class representative and his counsel as class counsel, award for all damages, an injunction requiring defendant to cease all unsolicited cellular telephone call activities, attorneys’ fees and costs and such other relief that the court deems reasonable. He is represented by Elisabeth Gray of Middleton-Reutlinger in Louisville, Kentucky; Stefan Coleman of Law Offices of Stefan Coleman PC in Miami, Florida; and Steven L. Woodrow and Patrick H. Peluso of Woodrow & Peluso LLC in Denver, Colorado.
U.S. District Court for the Western District of Kentucky, Louisville Division number 3:16-cv-00536
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