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FLORIDA RECORD

Friday, March 29, 2024

Consumers sue Nebraska company over alleged violation of TCPA

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ORLANDO — A group of consumers has filed a class-action lawsuit against a telemarketing business from Nebraska for alleged violation of the Telephone Consumer Protection Act (TCPA).

Darrel Pickett filed a complaint on behalf of himself and others similarly situated Oct. 11 in U.S. District Court for the Middle District of Florida against Nelnet Inc. alleging that the Nebraska company violated the TCPA through intrusive and unwanted calls.

According to the complaint, the plaintiffs allege that Darrel Pickett and class members received several calls from the defendant who was using an automatic telephone dialing system based upon the frequency, number, nature and character of calls. The plaintiffs revoked any express consent given but the defendant allegedly chose to ignore their demands, thereby causing the plaintiffs to suffer from invasion of privacy and intrusion to their daily lives. 

The plaintiffs hold Nelnet Inc. responsible because the defendant allegedly continued to place calls to the plaintiffs despite being asked to cease calling and utilized an auto-dialer, which is against the law.

The plaintiffs request a trial by jury and seek judgment against the defendant, to determine case as a class-action, designate class representative and counsel, damages, attorneys' fees, costs, expenses, interest and further relief as may be just. They are represented by Aaron D. Radbil of Greenwald Davidson Radbil PLLC in Austin, Texas, and Michael L. Greenwald, James L. Davidson and Jesse S. Johnson of Greenwald Davidson Radbil PLLC in Boca Raton.

U.S. District Court for the Middle District of Florida Case number 6:16-cv-01765

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