LOS ANGELES (Legal Newsline) – A San Diego County individual alleges a pharmacy has harassed him with robocalls.
Robert Dorfman filed a complaint on Sept. 22 in the U.S. District Court for the Central District of California against New Albertson's Inc., doing business as Sav-On Pharmacy, and Does 1-5, inclusive alleging violation of Telephone Consumer Protection Act.
According to the complaint, Dorfman alleges that between June 12 and Sept. 8, he received at least 20 calls on his wireless telephone from the defendants and claims each was a pre-recorded artificial voice. The suit states the call was a pickup reminder for a prescription and that the plaintiff is not a customer of the defendants' pharmacy.
The plaintiff alleges he informed the defendants to stop calling on July 10, but despite this request he has received at least eight calls.
The plaintiff alleges the defendants used a pre-recorded artificial voice in making the calls and willfully called plaintiff and the class members without ensuring that they had provided prior express consent to being called.
The plaintiff requests a trial by jury and seeks award of injunctive relief, statutory damages including trebling of damages, pre- and post-judgment interest, attorneys' fees, costs and such other and further relief as may be appropriate. He is represented by Deval R. Zaveri of Zaveri Tabb APC in San Diego and Todd D. Carpenter of Carlson Lynch Sweet Kilpela & Carpenter LLP in San Diego.
U.S. District Court for the Central District of California case number 8:17-cv-01659-AG-JCG