Pennsylvania Record

Thursday, February 20, 2020

Woman cites marketing firm with cell phone encroachment

By Carol Ostrow | May 10, 2015

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PITTSBURGH – A Farrell resident sued a business alleging consumer rights violations in 2014.

Nicole Rogers brought charges against Verde Energy USA Inc. in the U.S. District Court for the Western District of Pennsylvania on May 5, alleging consumer rights infringements beginning in November 2014.

The plaintiff alleges deliberate misuse of her cell phone number by the defendant. Stating that she is charged for each incoming call; and that she never provided her number to Verde or gave it permission to call her, Rogers states that Verde commenced dialing her number in November 2014 via an automated dialing system and/or pre-recorded messages, initiating calls on multiple occasions.

According to the complaint, the defendant’s messages would state its name and that its call was “for marketing purposes.” Contending that the calls were not made for emergency reasons; and that every call was made unnecessarily, unlawfully, intentionally and unfairly, the plaintiff seeks monetary damages.

Citing violation of the Telephone Consumer Protection Act, the plaintiff seeks injunctive relief; statutory, actual and treble damages of $1,500 per phone call; attorneys’ fees; and court costs. Rogers is represented by Craig Thor Kimmel of Kimmel and Silverman of Ambler.

U.S. District Court for the Western District of Pennsylvania case no. 2:15-cv-00584-CRE.

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