SAN DIEGO (Legal Newsline) – A San Diego, California consumer alleges a Minnesota marketing company invaded his privacy with its text messages.
Jake Tiffany filed a complaint individually and on behalf of all others similarly situated on April 16 in the U.S. District Court for the Southern District of California against Avenue 81, doing business as Leadpages, alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that the defendant sent autodialed marketing text messages to his cellphone beginning in March 2017. He alleges he has never had a business relationship with the defendant.
The plaintiff holds Avenue 81 responsible because the defendant allegedly contacted plaintiff without express consent, invaded plaintiff's rights to privacy and unlawfully utilized an automatic telephone dialing system to place the messages.
The plaintiff requests a trial by jury and seeks judgment against defendant, to certify the class, statutory damages, appoint class counsel, injunctive relief and further relief as may be just. He is represented by Joshua B. Swigart and Yana A. Hart of Hyde & Swigart APC in San Diego and Abbas Kazerounian of Kazerouni Law Group APC in Costa Mesa, California.
U.S. District Court for the Southern District of California case number 4:18-cv-732