, Inc. TCPA Class Action Resolved Via Joint Stipulation of Dismissal 

As previously reported, on August 10, 2017 a class action complaint (Wetterer v., No. 17-01900) was filed in United States District Court, Middle District of Florida, Tampa Division, to stop’s alleged “practice of making illegal telemarketing calls to the telephones of consumers nationwide and to obtain redress for all persons injured by [the] conduct [of]”

According to the complaint, Florida-based “placed illegal telemarketing calls to residents of the United States registered on the National Do-Not-Call Registry” and that “willfully violated the [Telephone Consumer Protection Act] . . . by causing unsolicited calls to be made to Plaintiff’s and other class members’ cellular and residential telephones.”

The complaint further alleged that

[] made more than one unauthorized call to Plaintiff’s residential line for the purpose of marketing furniture deals to Plaintiff. Plaintiff did not have an existing business relationship with Plaintiff, Plaintiff did not seek information about [’s] products, Plaintiff never provided express written consent to be called by [], and the calls were an invasion of Plaintiff’s privacy. Indeed, Plaintiff has been a member of the National Do-Not-Call Registry, authorized by the TCPA, since March 7, 2009 to prevent persistent and harassing marketing calls to his telephone.

On behalf of the class members, the Plaintiff sought an injunction to require to stop all unsolicited telephone calling activities to consumers, $500 per violation under the Telephone Consumer Protection Act in statutory damages to members of the class action, and treble damages (for knowing and/or willful violations).

Joint Stipulation of Dismissal Between Plaintiff and

On January 22, 2018, the Plaintiff and filed a joint stipulation dismissing the Plaintiff’s original class action complaint and Plaintiff’s individual claims with prejudice.  The claims of the putative class members, pursuant to the joint stipulation were dismissed without prejudice.  On January 23, 2018, the presiding federal judge signed an Order dismissing Plaintiff’s individual claims with prejudice and the claims of the putative class members without prejudice.

Have You Received Unsolicited Telemarketing Calls, Autodialer Calls, Robocalls, Junk Faxes or Text Messages?

If you have received unsolicited telemarketing calls, autodialer calls, robocalls, junk faxes or text messages and have questions about your potential legal rights, including whether to consider filing a lawsuit to try and recover monetary damages as a result of Telephone Consumer Protection Act violations, please contact Kehoe Law Firm, P.C. by completing the form above on the right or sending an e-mail to [email protected].

Kehoe Law Firm, P.C.