ST. LOUIS — A consumer is suing a telemarketing company, citing alleged invasion of privacy.

Gabrielle Figueroa filed a complaint individually and on behalf of all others similarly situated on April 26 in the U.S. District Court for the Eastern District of Missouri against Everalbum Inc. alleging that the telemarketing company violated the Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that she has suffered actual damages by having to pay her wireless carrier and have to pay the cost of electricity to recharge her cellphone's depleted battery. The plaintiff holds Everalbum responsible because the defendant allegedly contacted plaintiff's cellphone offering unsolicited service using an automatic telephone dialing system.

The plaintiff requests a trial by jury and seeks an order certifying the this action as a class action, award of actual and statutory damages attorneys’ fees and costs and such further and other relief the Court deems reasonable and just. She is 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 4:17-cv-01393

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