SAN DIEGO (Legal Newsline) — Three California consumers have filed a class action lawsuit against a home energy company, alleging violation of telephone harassment statutes.
Lucas Ambrezewicz, Edward Timmons and Mark Haigler filed a complaint, individually and on behalf of all others similarly situated, Nov. 1, in U.S. District Court for the Southern District of California against GDFriend Inc. - doing business as Direct Home Energy Solutions, Green Home Investment Program and PowerStar Home Energy Solutions, alleging the manufacturer violated the Telephone Consumer Protection Act through intrusive and unwanted calls.
According to the complaint, the three plaintiffs and other consumers were caused actual harm and legal injury, including aggravation, annoyance, nuisance and invasions of privacy, as a result of the wrongful conduct of the defendant. The suit says the defendant made unsolicited auto-dialed telephone calls in an attempt to promote its business and services in the energy efficiency and home-improvement industry.
The plaintiffs allege the defendant failed to obtain any prior express written consent to make the auto-dialed calls, and continued to contact plaintiffs despite repeated requests to stop the phone calls.
The plaintiffs seek trial by jury, actual and statutory damages, declaratory and injunctive relief, disgorge any ill-gotten funds, attorney fees and court costs, and all further relief the court deems reasonable. They are represented by attorneys Bryan K. Theis of Theis Law Group in Encinitas, California, and by Blake J. Dugger of Law Offices of Stefan Coleman PLLC in Phoenix.
U.S. District Court for the Southern District of California case number 17-cv-02234