ORLANDO — Individuals have filed a class-action lawsuit against Festiva Development Group Inc. and Allen Marketing Group Inc., telemarketers, citing alleged violation of the Telephone Consumer Protection Act (TCPA).
Diana Mey filed a complaint individually and on behalf of a class of all persons and entities similarly situated on Oct. 20, in the U.S. District Court for the Middle District of Florida Orlando Division against the defendants alleging that they violated TCPA through intrusive and unwanted calls.
According to the complaint, the plaintiffs allege that, since September, Diana Mey and class members, received multiple emails and automated calls from Defendant Allen on their cellular telephone that have been on the National Do Not Call Registry for more than 31 days and without prior expressed written consent from the recipients, attempting to generate new businesses for its client Defendant Festiva, who hired the marketing services of Allen to sell their vacation services, thereby causing plaintiffs to suffer from unwelcome intrusions on their privacy and occupied their telephone lines for legitimate calls.
The plaintiffs hold Festiva Development Group Inc. and Allen Marketing Group Inc. responsible because the defendants allegedly manipulated the caller ID number to make it appear as a local number, contacted plaintiffs without prior expressed written consent, and failed to take effective steps to force the hired telemarketing company to cease their unlawful conduct.
The plaintiffs request a trial by jury and seek judgment against defendants, certify case as a class action, enjoin defendants from further violation, damages, attorneys' fees and costs, and other relief as is just. They are represented by Scott D. Owens of Scott D. Owens PA in Miami, Edward A. Broderick and Anthony Paronich of Broderick & Paronich PC in Boston and Matthew P. McCue of The Law Office of Matthew P. McCue in Natick, Massachusetts.
U.S. District Court for the Middle District of Florida Orlando Division Case number 6:16-cv-01823