Jenie Mallari-Torres Feb. 6, 2017, 2:33pm


ST. LOUIS — Residents of Missouri and Oklahoma have filed a class-action lawsuit against Everalbum, Inc., citing alleged violation of telephone harassment statutes.

Daniel T. Smith of Oklahoma Samantha Anderson of Missouri filed a complaint on Feb. 2 in the U.S. District Court for the Eastern District of Missouri against Everalbum, alleging that the Delaware corporation violated the Telephone Consumer Protection Act (TCPA) through intrusive and unwanted calls.

According to the complaint, the plaintiffs allege that they and others have suffered harm, such as invasion of privacy and depleted cellular phone battery due to the defendant's unsolicited text messages and calls. The defendant used an automatic telephone dialing system in an attempt to enticed recipients to purchase their goods or services without any prior express consent to call or send messages to plaintiffs, the complaint states. The plaintiffs hold Everalbum Inc. responsible because it allegedly called and left messages to the plaintiffs with such frequency meant to cause emotional distress, unlawfully utilized an automatic dialer and contacted the plaintiffs without prior express consent.

The plaintiffs request a trial by jury and seek judgment against defendant, certify class action, actual and statutory damages, injunctive relief, attorneys’ fees, costs and other relief the court deems just. They are represented by Jonathan E. Fortman of Law Office of Jonathan E. Fortman, LLC in Florissant.

U.S. District Court for the Eastern District of Missouri Case number 17-cv-00400

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U.S. District Court for the Eastern District of Missouri
111 S 10th St
St. Louis, MO 63102

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