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Friday, May 3, 2024

Illinois resident files lawsuit against O'Fallon company alleging robocalls in violation of the TCPA

Federal Court
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ST. LOUIS – An Illinois resident claims an O'Fallon company violates the Telephone Consumer Protection Act by sending advertising messages to his phone number, which is registered with the National Do-Not-Call Registry.

Jorge Alejandro Rojas, a resident of Bolingbrook, Illinois, filed a lawsuit in federal court against DebtEaze, a company with an address in O'Fallon, citing violations of the Telephone Consumer Protection Act.

According to court documents, the TCPA restricts the use of artificial or prerecorded voice calls, making it unlawful to make such calls to telephone numbers assigned to cellular telephone services without prior express consent.

Rojas alleges DebtEaze made calls to his residential cellular telephone despite his number being on the Federal Do Not Call Registry since 2008. Rojas claims to have received two calls on November 15, 2023, related to debt relief services from DebtEaze, even though his phone identified them as "Scam Likely." The calls were allegedly made using an Automatic Telephone Dialing System and sent pre-recorded voice messages to Rojas' phone number without his prior express written consent, in violation of the TCPA.

Rojas claims he has contacted the company by phone and email to request that they stop calling him, but has received no response to his requests.

The plaintiff, who is representing himself in this case, claims to have suffered harm as a result of the defendant's actions, including invasion of privacy, intrusion into his life, nuisance, and frustration. He claims that DebtEaze's actions were willful and knowing and is seeking damages of at least $1,500 per call, plus interest, court costs, and any other relief the court deems proper. Additionally, he is seeking an injunction against the defendant to prohibit future violations of the TCPA.

U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:23-cv-01472

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