Home Remodeling Firm Allegedly Inundated Plaintiff With 9 ‘Junk Calls’
San Diego County resident Eli Olivares received at least nine “live calls” from William Brothers Building & Construction on his residential cellphone to “pitch” home remodeling services, though his number was listed on the national do not call registry since…
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2015, he alleged in his Telephone Consumer Protection Act complaint Wednesday (docket 3:23-cv-01858) in U.S. District Court for Southern California in San Diego. Olivares’ cellphone number “is purely personal and residential and is not used in any way shape or form to operate any business entity or concern,” said his complaint. Each of the calls complained of was initiated using an automated telephone dialing system, “which used a random or sequential number generator to determine the order in which to pick phone numbers from a preproduced list,” it said. Olivares traced the calls to an entity called the California Design Center, with which he had never done any business and had never given any consent for the calls, it said. Olivares alleges he was harmed by the “junk calls” through “the direct waste of his time during the calls themselves,” plus the “indirect waste of time” in having to “break from other important tasks and spend time catching up after these junk calls,” said his complaint. The calls forced him to pay the costs “of having to pursue legal remedies,” it said. He also suffered injury “in the aggravation and consequent health effects of stress these illegal intrusions have caused,” it said.