MIAMI (Legal Newsline) – A Florida man alleges a security company unlawfully called him for marketing purposes.
David Abellard Jr., individually and on behalf of all other similarly situated, filed a complaint on Feb. 9 in the U.S. District Court for the Southern District of Florida against The ADT Corp. over alleged violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that on Jan. 4, he received a phone call from the defendant promoting its services. He alleges that at no point in time did he provide the defendant with his express written consent to be contacted through the use of an automatic telephone dialing system (ATDS).
The plaintiff holds The ADT Corp. responsible because the defendant allegedly made calls without regard to whether it had obtained express permission from the called party to make such calls.
The plaintiff requests a trial by jury and an injunction prohibiting the defendant from using an ATDS, actual and statutory damages, and such further and other relief the court deems reasonable and just. He is represented by Andrew J. Shamis of Shamis & Gentile PA in Miami and Manuel S. Hiraldo of Hiraldo PA in Fort Lauderdale, Florida.
U.S. District Court for the Southern District of Florida case number 0:18-cv-60293-JEM