ACE Industrial Supply alleged to have continued calls to consumer after consent was revoked

By Noddy A. Fernandez | Mar 14, 2018

CHICAGO (Legal Newsline) – A resident and limited liability company in Warrenville, Illinois allege that their privacy has been invaded by telemarketing calls from an industrial tool company.

Steven Berning and Galusha Farm LLC filed a complaint on March 8 in the U.S. District Court for the Northern District of Illinois Eastern Division against ACE Industrial Supply Inc. and Does 1-10 over alleged violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiffs share the same cellular telephone number and the number is registered on the National Do-Not-Call Registry. The suit states both plaintiffs purchased supplies from defendants in 2014 and at that point in time, plaintiffs consented to receive sales calls from defendant. They allege that they received approximately eight automated telemarketing calls during a time frame of less than one month. 

The suit states that one month later, the plaintiffs requested for the calls to stop but the automated calls continue. The plaintiffs allege they have received 70 calls from the defendant after revoking their consent.

The plaintiffs hold ACE Industrial Supply Inc. responsible because the defendant allegedly made telephone calls utilizing an automatic telephone dialing system and/or an artificial and/or pre-recorded voice message for non-emergency purposes and in the absence of consumers express consent, invitation or permission.

The plaintiffs request a trial by jury and seek statutory damages, injunctive relief, award of court costs, and any other relief deemed just and proper by the court. They are represented by David B. Levin of Law Offices of Todd M. Friedman PC in Northbrook, Illinois.

U.S. District Court for the Northern District of Illinois Eastern Division case number 1:18-cv-01708

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Law Offices of Todd M. Friedman, PC U.S. District Court for the Northern District of Illinois

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