WILLIAMSPORT – A Central Pennsylvania man has filed a class action lawsuit against the Accident Attorneys of America, alleging that the firm has violated the Telephone Consumer Protection Act (TCPA) with its unsolicited phone calls to potential clients.
Gerard Jackson (individually and on behalf of all others similarly situated) filed suit in the U.S. District Court for the Middle District of Pennsylvania on March 13 versus Fonbuena Law Firm, PLLC (doing business as “Accident Attorneys of America”) of Las Vegas, Nev.
The TCPA makes it unlawful “to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or pre-recorded voice…to any telephone number assigned to a…cellular telephone service.”
Furthermore, in 2012, the Federal Communications Commission required prior express written consent for all autodialed or pre-recorded telemarketing calls (robocalls) to wireless numbers and residential lines.
“Plaintiff is, and at all times mentioned herein were, a ‘person’ as defined by 47 U.S.C. Section 153(39). Accident Attorneys of America offers legal services. To generate leads, Accident Attorneys of America makes telemarketing calls to consumers who have never had a relationship and who have never consented to receive their calls,” the suit states.
“Plaintiff’s telephone number, (814)-XXX-5007, is registered to a cellular telephone service. The number was also registered on the National Do Not Call Registry prior to receiving the calls at issue. Despite this, the plaintiff received a pre-recorded call from the defendant on Jan. 25, 2023. The pre-recorded message stated: “Were you a Marine stationed at Camp Lejeune from the years 1958 to 1986? If so, press one.”
The suit adds that he call was clearly pre-recorded because: (A) it was non-personalized, (B) there was a delay before the message played, (C) the message indicated it was being sent en masse, (D) there was a ‘click’ before the robot voice began and (E) the pre-recorded message had an option to press a button in response.
“Mr. Jackson spoke to a Cody Vega, who offered the defendant’s legal services. Mr. Vega identified himself as working for the defendant. Mr. Vega then sent an e-mail with an offer for the defendant’s services as a result of the call,” the suit says.
For a lone count of violating the TCPA, the plaintiff is seeking the following relief:
• Injunctive relief prohibiting defendant from calling telephone numbers advertising their goods or services, except for emergency purposes, using a pre-recorded message in the future;
• That the Court enter a judgment awarding plaintiff and all class members statutory damages of $500 for each violation of the TCPA and $1,500 for each knowing or willful violation; and
• An order certifying this action to be a proper class action pursuant to Federal Rule of Civil Procedure 23, establishing an appropriate class the Court deems appropriate, finding that plaintiff is a proper representative of the class, and appointing the lawyers and law firms representing plaintiff as counsel for the class;
• Such other relief as the Court deems just and proper.
The plaintiff is represented by Jeffrey M. Bower of Bower Law Associates, PLLC of State College and Anthony I. Paronich of Broderick Law in Hingham, Mass.
The defendant has not yet secured legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 4:23-cv-00438
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com