MIAMI – A Miami-Dade County resident alleges that a Kentucky company called him using prerecorded voice messages to advertise services.
Patrick Barthet filed a complaint on behalf of all others similarly situated on March 1 in the U.S. District Court for the Southern District of Florida against Firstsource Solutions USA LLC, doing business as MedAssist, alleging that the company violated the Telephone Consumer Protection Act by calling him using an artificial or prerecorded voice telephone message.
According to the complaint, the plaintiff alleges that on Oct. 20, 2015, he started receiving non-emergency calls on his cellular telephone through an automated telephone dialing system. The plaintiff holds MedAssist responsible because the defendant allegedly made advertisement and telemarketing calls without his prior express consent.
The plaintiff seeks the following: a permanent injunction enjoining defendant from making calls to cellular phone numbers using a prerecorded voice telephone message without providing an opt-out mechanism for recipients to opt out of the calls; compensation for actual monetary loss in the amount of $500 for each violation, statutory and treble damages; and any other relief that the court may deem just and appropriate. He is represented by Lance A. Harke, Sarah Clasby Engel and Howard M. Bushman of Harke Clasby & Bushman LLP in Miami Shores and Manuel L. Dobrinsky and Eric Bluestein of Dolan Dobrinsky Rosenblum LLP in Miami.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-20756