Minn. Consumer Seeks Treble Damages Per Violation in TCPA Class Action
Financial services company Paychex called a consumer’s cellphone numerous times from February through July, soliciting him for its services, though his phone number is listed on the national do not call registry, alleged a Telephone Consumer Protection Act class action…
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Tuesday (docket 1:23-cv-00734) in U.S. District Court for Western New York in Buffalo. Plaintiff Daniel Burton of New Prague, Minnesota, received a prerecorded call Feb. 28 from a number registered to Paychex, said Burton, who called the number that came up on his phone’s caller ID. Burton told the Paychex representative he spoke to he wasn’t interested in additional services or products and to remove him from the marketing list, but the calls continued in March, April, May, June and July. Burton called Paychex’s Eagan, Minnesota, branch May 31 and asked that the calls stop, and he received an email June 1 saying he had been added to the company’s internal do not call list, said the complaint. He received more solicitation calls June 20, June 29, and July 1 and 3, it said. Paychex didn’t have written do-not-call policies or procedures at the time of the calls to Burton, said the complaint. The plaintiff claims his privacy was improperly invaded, that Paychex’s calls “temporarily seized and trespassed” on his phone and that he was forced to divert attention from other activities to address the unwanted calls. Paychex’s calls were “annoying and a nuisance” and wasted his and class members’ time, the complaint said. Burton seeks injunctive and equitable relief and treble statutory damages of up to $1,500 per call.