BROOKLYN, NY (Legal Newsline) – Two New York consumers allege a health insurance plan broker continued to call her for marketing purposes after she asked it to stop.
Carol Missry, et al. filed a complaint individually and on behalf of all others similarly situated on June 21 in the U.S. District Court for the Eastern District of New York against Donisi Jax Inc., doing business as Nationwide Health Advisors, alleging violation of the Telephone Consumer Protection Act.
According to the complaint, Missry contacted the defendant regarding health insurance plans and later decided she was not interested in the defendant's services. She alleges in March, the defendant began contacting her for marketing purposes and has continued to call her after she requested the calls to stop.
The plaintiffs hold Donisi Jax Inc. responsible because the defendant allegedly failed to honor do-not-call requests and unlawfully utilized an automatic telephone dialing system and/or an artificial or pre-recorded voice.
The plaintiffs request a trial by jury and seek judgment against defendant, certify the suit as a class action, attorneys’ fees and costs, and further relief as the court deems necessary. They are represented by Jason P. Sultzer, Joseph Lipari and Adam Gonnelli of The Sultzer Law Group PC in Poughkeepsie, New York.
U.S. District Court for the Eastern District of New York case number 18-cv-03614