A Florida man has filed suit against T-Mobile USA Inc. and unknown defendants whom the wireless carrier allegedly engages as third party vendors or agents to place outbound calls on its behalf. Thursday’s suit states a sole Telephone Consumer Protection Act (TCPA) claim on behalf of all people in the United States who received a call on their cell phone from T-Mobile or its agents using a pre-recorded message without their consent in the last four years.
According to the complaint, the plaintiffs started receiving unwanted robocalls in February 2022. The calls to his personal cell phone attempted to collect an alleged debt and were made by an unknown individual by the name of “Kimberly Hemmerly.”
The complaint describes the calls as an artificial or pre-recorded voice greeting as it was “monotone and Plaintiff would not get a response when he spoke.” The plaintiff tried to investigate the calls by seeking further information from a live representative. During that call, he allegedly asked that T-Mobile cease its misguided dials, yet the request “fell on deaf ears.”
T-Mobile thus continued to “pound” the plaintiff with unsolicited calls, tallying no less than 50 in total. The complaint alleges that the calls invaded the plaintiff’s life and privacy, and that each time he received one it resulted in accompanying wear and tear to his cell phone, mental anguish, and “increased risk of personal injury resulting from the distraction.”
The filing also asks that the court certify the case as a nationwide class action and for damages of up to $1,500 per wilful violation. The plaintiff is represented by Sulaiman Law Group Ltd.
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