Filed in California by San Deigo resident Jason Hartley, the federal suit claims the Marriott negligently and willfully violated the TCPA. Specifically, Hartley alleges that not only himself but others in the proposed class were harmed by the defendants actions, by invading their privacy and illegally contacted them via their cellphones with an automatic telephone dialing system. These actions by the Marriott resulted in additional charges to plaintiffs' cell phone bills in addition to reducing their prepaid phone time.
“Plaintiff and the members of the class have all suffered irreparable harm as a result of the defendant’s unlawful and wrongful conduct,” the complaint states. “Absent a class action, the class will continue to face the potential for irreparable harm. In addition, these violations of law will be allowed to proceed without remedy and defendant will likely continue such illegal conduct.”
According to the suit, despite Hartley registering his cellphone number with the National Do Not Call Registry in 2004, the Marriott began making unsolicited, pre-recorded phone calls to his cell phone starting in January 2017. Allegedly, the calls were marketing Marriott vacations or rewards.
Hartley is seeking injunctive relief and statutory damages of $500 for each of the alleged negligent violations of the TCPA for each plaintiff and putative class member, along with statutory damages of $1,500 for each knowing or willful violation of the TCPA.
Hartley is represented by Joshua Swigart of Hyde & Swigart, and Abbas Kazerounian of Kazerouni Law Group PC. The case is Jason Hartley v. Marriott International Inc., case number 3:17-cv-00770, in the U.S. District Court for the Southern District of California.