ATLANTA (Legal Newsline) – Time Warner Inc. was given an extension until May 16 to answer to allegations of a class action lawsuit brought forward by a law firm that is also seeking to represent a proposed class.
Shimshon Wexler alleges the cable giant made harassing phone calls to customers trying to sell its products. Shimshon Wexler, based in New York, filed its lawsuit in late March against Aicom Solutions LLC, Time Warner Cable, Time Warner Cable Media LLC, Charter Communications Inc. and Charter Communications Operating LLC.
In its case, filed in U.S. District Court for the Northern District of Georgia, the firm defined its class this way: "Each person that was sent one or more telephone facsimile messages from Time Warner Cable after Feb. 24, 2013, promoting the commercial availability of digital telephone or internet services but not stating on its first page that the recipient may make a request to the sender not to send any future ads and that failure to comply with such a request within 30 days is unlawful."
Its motion to certify the class was filed March 27.
The lawsuit states that the defendants sent advertising facsimile to the plaintiffs and their class in violation of the Telephone Consumer Protection Act.
The law firm stipulated in the complaint that it received at least one ad by fax on Dec. 14, 2016. In that fax, the plaintiff claims the defendants illegally sent offers of telephone and internet services.
The complaint said, "the court should exercise its discretion to increase the amount of the statutory damages award to an amount equal to not more than three times the amount." The law firm also wants the court to prohibit the defendants from faxing ads in the future.
The suit also wants the court to appoint the plaintiff as the representative of the class. The firm will be represented in the case by Julia L. Titolo and Phillip A. Bock.