MIAMI – A Texas man is suing a nationwide retailer citing alleged unlawful debt collection and invasion of privacy.
Israel Garcia filed a complaint on behalf of a class of similarly situated individuals on Feb. 27 in the U.S. District Court for the Southern District of Florida against Target Corp., alleging that the nationwide retailer violated Telephone Consumer Protection Act by making unauthorized telephone calls using an automatic telephone dialing system.
According to the complaint, the plaintiff alleges that he has received more than 60 unwanted telephone calls from March 2015 to July 2015 and has to pay his cellphone service provider for receiving the calls. The plaintiff holds Target Corp. responsible because the defendant allegedly placed calls to his cellular telephone using an automatic telephone dialing system and without his prior express consent.
The plaintiff seeks the following: an injunction requiring defendant to cease placing unauthorized telephone calls using predictive dialing technology; compensation for greater of actual or statutory damages, prejudgment interest, reasonable attorneys’ fees and costs; and any further relief that the court may deem just and equitable. He is represented by David P. Healy of Dudley, Sellers, Healy & Heath PLLC in Tallahassee.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-20727
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