Ace Industrial Supply’s Alleged Telemarketing Calls in Violation of the TCPA

On March 8, 2018 a class action complaint was filed against Defendants Ace Industrial Supply, Inc. and others as of yet unknown (i.e., “Does 1-10”) in United States District Court, Northern District of Illinois, Eastern Division, for alleged violations of the Telephone Consumer Protection Act (“TCPA”).

Plaintiffs’ Consent and Subsequent Revocation of Consent to Receive Telemarketing Calls from Ace Industrial Supply

According to the complaint, in or about December 2004, Plaintiffs Steven Berning and Galusha Farm, LLC registered their cellular telephone number with the National Do Not Call Registry.  In or about 2014, the Plaintiffs purchased industrial supplies from defendant Ace Industrial Supply and, at that time, consented to receive telemarketing sales calls from the company.

Allegedly, not long after their supply purchases, the Plaintiffs, in less than a month, received approximately eight automated telemarketing calls from Ace Industrial Supply.  Plaintiff Berning, approximately one month after purchasing industrial supplies, revoked consent for Ace Industrial Supply to “place any automated telemarketing calls to him on multiple occasions, by orally telling the salespeople who called . . . to place Plaintiffs’ number on Ace’s do-not-call list.”

Telemarketing Sales Calls Continued, Despite Requesting to Be Placed on Ace Industrial Supply’s Do-Not-Call List

During one call Plaintiff Berning had with an Ace sales representative, he was, allegedly, told to call a telephone number to be placed on Ace’s do-not-call list.  Ace’s automated telemarketing calls, however, did not stop, despite Plaintiff Berning contacting the telephone number and requesting to be placed on the company’s do-not-call list.  Further, from the time in 2014 when the Plaintiffs revoked consent to receive automated telemarketing calls to their cell phone, approximately 70 more calls were received from Ace Industrial Supply attempting to sell the Plaintiffs industrial supplies.

Members of the Lawsuit’s Proposed Classes

The class action complaint’s proposed classes consist of all individuals in the United States who, within four years prior to the filing of the complaint, 1) received automated telephone calls from the Defendants and who had not granted prior express consent for the Defendants to place automated calls to them and/or who had revoked consent; and 2) all individuals in the United States whose telephone numbers were registered on the National Do Not Call Registry for at least 30 days who had neither granted the Defendants prior express consent nor had a prior established business relationship with Defendants, or who had revoked such consent and prior established business relationship, who received more than one call made by or on behalf of Defendants that promoted Defendants’ products or services, within any 12-month period.

Among other relief, the class action seeks statutory damages of $500 for each TCPA violation, as well as treble, or triple, damages of $1,500 for each knowing or willful violation of the TCPA.

Telemarketing Calls, Robocalls, Junk Faxes, Debt Collection Calls?

If you have received unsolicited, unwanted, harassing or annoying “junk fax” advertisements, telemarketing calls or autodial, automated or prerecorded “robocalls,” debt collection calls or text messages to your cellular telephone without your prior express consent or continued to receive such calls, after having expressly revoked consent to receive these types of unwanted calls, you may have grounds to bring a private right of action, or lawsuit, under the Telephone Consumer Protection Act to try and recover statutory damages of between $500 and $1,500 for each TCPA violation.

If you would like to speak privately with an attorney at no cost or obligation to you about your potential legal rights or claims, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or send an e-mail to [email protected].

Kehoe Law Firm, P.C.