Breda v. Cellco Partnership (U.S. District Court, District of Massachusetts, Case No. 1:16-cv-11512)
In a class action complaint, Lemberg Law is representing Robin Breda, who is suing Cellco Partnership (dba Verizon Wireless) for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that Verizon robocalled Ms. Breda without her consent.
Verizon is one of the nation’s largest cellular telephone service providers and has more than 140 million subscribers. Ms. Breda, however, is not one of them. She says that she started receiving calls that were both automated and that had a prerecorded voice. The Verizon calls were for “Megan” – someone that she doesn’t know. When prompted to do so, Ms. Breda says that she pressed a button to indicate that she was not Megan and to opt out of the calls. Nevertheless, she continued to receive cell phone robocalls from Verizon.
The three proposed classes of people represented are: 1) those in the U.S. who, between July 21, 2012 and July 21, 2016, Verizon called without the consumer’s express consent; 2) those in the U.S. who, between July 21, 2012 and July 21, 2016, Verizon called after the consumer had indicated through a prompt that Verizon was calling in error; and 3) those in the U.S. who, between July 21, 2012 and July 21, 2016, Verizon called after the consumer had asked Verizon to stop calling.
Update: The case is in its discovery phase.