LOS ANGELES – A man has filed a class action lawsuit against a California telemarketing company for sending him unwanted text messages despite being on the National Do Not Call Registry and repeatedly opting out of receiving the text messages.
Plaintiff Asher Bronstin filed a class action lawsuit in the U.S. District Court for the Central District of California against Vert Lake Elsinore, LLC, doing business as Lemonade, alleging violations of the Telephone Consumer Protection Act (TCPA).
According to the lawsuit, Bronstin received unsolicited promotional text messages from the defendant despite never consenting to receive the messages. The text messages had instructions to reply "STOP to OPT-OUT" of further messages, and Bronstin claims that he requested the messages to stop numerous times. Despite this, the defendant continued to send him unsolicited and unwanted text messages. Bronstin adds that his phone number has been included on the National Do Not Call Registry since February of 2019.
According to the lawsuit, the TCPA states that no entity shall initiate a telephone solicitation to anyone who has registered their phone number on the National Do Not Call Registry and that telephone solicitors must maintain a list of persons who request not to receive telemarketing calls. The lawsuit alleges that the defendants regularly make phone calls to individuals on the National Do Not Call Registry in violation of the TCPA.
Bronstin is demanding a jury trial to seek damages for each violation for each person covered by the class action lawsuit, plus any other relief the court deems proper. He is also seeking injunctive action to order the defendants to cease any further illegal actions. Bronstin is represented in this case by attorney Anthony I. Paronich of Paronich Law, P.C., in Hingham, Massachusetts.
U.S. District Court for the Central District of California case number 8:23-CV-01745