Roofing Firm Phoned 11 Times After 2nd Demand That the Calls Stop: Class Action
Great Lakes Home Remodeling engages in “offensive marketing practices” that violate the Telephone Consumer Protection Act when it makes telemarketing calls soliciting its roofing products and services, alleged Adam Besso’s class action Wednesday (docket 3:24-cv-00688) in U.S. District Court for Western Ohio in Toledo. Great Lakes calls individuals whose numbers are listed on the national do not call registry, and those who have requested not to be called and to be added to the company’s internal do not call list, said Besso’s complaint. The Pontiac, Michigan, plaintiff listed his cellphone number on the national DNC registry in April 2017, yet he began receiving marketing calls Dec. 18 from Great Lakes or representatives on its behalf. Solicitations were for roofing products and services, the complaint said. During these calls, Besso would inform Great Lakes that he wasn’t interested, it said. Besso estimates that Great Lakes phoned him at least nine times between Dec. 18 and March 21, said the complaint. After the March 21 call, he phoned Great Lakes at the number displayed on his caller ID and demanded that the company stop calling him, it said. But Great Lakes failed to honor Besso’s March 21 request, and even phoned him multiple times that day, it said. The plaintiff repeated his do not call demand March 26, yet at least 11 more calls followed between March 27 and Wednesday, the day he filed his class action, said the complaint. Great Lakes’ TCPA violations were negligent, or they were knowing and willful, it said. Besso and his potential class members were “damaged” by the violations because their privacy was “improperly invaded,” it said. Great Lakes’ calls also “temporarily seized and trespassed upon the use of their phones, and they were forced to divert attention away from other activities to address the unwanted calls,” it said. The complaint alleges that the defendant uses automated systems to make phone calls to hundreds, if not thousands of consumers across the U.S.