SAN DIEGO (Legal Newsline) — A San Diego man is suing a New York business, alleging invasion of privacy and violation of telephone harassment statutes.
Sam Atherton, Jr. filed a class action complaint, individually and on behalf of others similarly situated Dec. 10, in the U.S. District Court for the Southern District of California against Clickspark, LLC of Henrietta, New York, alleging violation of the Telephone Consumer Protection Act in calling the the plaintiff's cellular telephone several times.
According to the complaint, in February 2015, Atherton suffered monetary damages and distress from receiving several unsolicited calls to his cellular telephone from Clickspark. The plaintiff alleges Clickspark used an automatic telephone dialing system to call the plaintiff despite Atherton not giving his consent to make those calls.
Atherton seeks trial by jury, statutory damages of $500 for each violation of the TCPA, statutory damages of $1,500 for each knowing violation of the TCPA, injunctive relief and any other just relief. He is represented by attorneys Joshua B. Swigart and Yana A. Hart of Hyde & Swigart in San Diego, by Abbas Kazerounian of Kazerouni Law Group, APC in Costa Mesa, California, and by Daniel G. Shay of Law Office of Daniel G. Shay in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-03000-BEN-KSC