Construction supply company files TCPA class action in Pittsburgh federal court

By Philip Gonzales | Sep 14, 2018

PITTSBURGH — A construction supply company has filed a lawsuit against PC Shield Inc., an Oklahoma corporation, citing alleged violation of telephone harassment statutes.

Wendell H. Stone Co. Inc., doing business as Stone & Company, individually and on behalf of all others similarly situated, filed a complaint on Aug. 27, in the U.S. District Court for the Western District of Pennsylvania against PC Shield Inc. alleging that the Oklahoma corporation violated the Telephone Consumer Protection Act and the Junk Fax Protection Act.

The plaintiff seeks an order certifying this case as a class action and appointing plaintiff and its attorney as class representatives, according to court documents.

According to the complaint, the plaintiff alleges that due to defendant’s unauthorized faxes, the plaintiff's privacy has been invaded and has wasted plaintiff's and its employees time receiving, reviewing and routing such faxes. The plaintiff holds PC Shield Inc. responsible because the defendant allegedly repeatedly sent fax advertisements to plaintiff's and the class members' telephone facsimile machines without their prior express permission.

The plaintiff requests a trial by jury and seeks an order certifying this case as a class action and appointing plaintiff and its attorney as class representatives. It seeks an award of actual monetary loss, with interest, attorneys’ fees and costs and such other reasonable and just relief. It is represented by Stuart C. Gaul, Jr. of Gaul Legal LLC in Pittsburgh and Steven L. Woodrow, Patrick H. Peluso and Taylor T. Smith of Woodrow & Peluso, LLC in Denver.

U.S. District Court for the Western District of Pennsylvania Case number 2:18-cv-01135-AJS 

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Gaul Legal LLC U.S. District Court for the Western District of Pennsylvania Woodrow & Peluso, LLC

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