Kehoe Law Firm, P.C. is making consumers aware that on October 19, 2018, a class action lawsuit was filed in United States District Court, Middle District of Florida, Jacksonville Division, against Mercedes-Benz Financial USA, LLC (“Mercedes-Benz Financial” or “Mercedes”) for alleged violations of the Telephone Consumer Protection Act (“TCPA”).
According to the complaint, the lawsuit was brought
. . . for damages and other equitable relief resulting from the unlawful conduct of [Mercedes] in negligently or knowingly and/or willfully placing calls to the cellular telephones of Plaintiff and putative Class Members for non-emergency purposes, using an automatic telephone-dialing system without their prior express consent, in violation of the TCPA. Plaintiff and putative Class Members were not Mercedes customers at the time the calls at issue were placed. Upon information and belief, these calls were intended for persons other than Plaintiff and putative Class Members.
Mercedes-Benz Financial, allegedly, “[b]etween September 2017 and March 2018 . . . placed, or caused to be placed, at least ten (10) automated calls to Plaintiff’s cellular telephone number using an automatic telephone dialing system . . . or pre-recorded or artificial voice.” Further, according to the complaint:
The automated calls were initiated from (800) 654-6222, which is a telephone number assigned to Defendant. The calls were placed regarding the status of an account that does not belong to Plaintiff.
Plaintiff is not a Mercedes customer and has never had an account or business relationship with Mercedes.
Plaintiff did not provide her cellular telephone number to [Mercedes], nor did Plaintiff ever provide express consent for Defendant to place calls to her cellular telephone regarding any subject matter.
Plaintiff answered certain calls placed, or caused to be placed, by [Mercedes] to her cellular telephone, informed Defendant that she did not have an account with Mercedes and that Defendant was calling the wrong party, and requested that Defendant stop calling her.
Defendant’s robocalls, as received by Plaintiff, did not provide her the opportunity to opt out of or request the cessation of Defendant’s calls, as evidenced by the fact that Defendant continued placing calls to Plaintiff’s cellular telephone number after she informed [Mercedes] that she was not the intended recipient and requested that the calls cease.
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.