ST. LOUIS — Consumers have filed a class-action lawsuit against a Missouri telemarketer, citing alleged violation of telephone harassment statutes.
Theodore H. Frank filed a complaint individually and on behalf of all others similarly situated on March 10, in the U.S. District Court for the Eastern District of Missouri against BMOCorp Inc., Michael Jecklin and Biff McCullough, a/k/a Biff Hussein, d/b/a Auto Protection 1, alleging that they violated the Telephone Consumer Protection Act (TCPA) through intrusive and unwanted calls.
According to the complaint, the plaintiffs allege that they have suffered from abuse and harassment, including invasion of their privacy and intrusion on their seclusion, caused by the defendants' telemarketing calls to sell third-party auto warranty coverage. The plaintiffs hold the defendants responsible because they allegedly continued to make calls despite the plaintiffs' explicit demands to stop the improper calls and unlawfully utilized an automatic telephone dialing system and/or an artificial or pre-recorded voice.
The plaintiffs request a trial by jury and seek certification of the case as a class action, declaratory and injunctive relief, actual and statutory damages, attorneys’ fees, costs and further relief that the court deems reasonable. They are represented by Jay Edelson and Benjamin H. Richman of Edelson PC in Chicago and Rafey S. Balabanian of Edelson PC in San Francisco.
U.S. District Court for the Eastern District of Missouri Case number 17-cv-00870