In the lawsuit, entitled Righetti v. Windstream Holdings Inc., et al., number 3:13-cv-04597 in the U.S. District Court for the Northern District of California, plaintiff Matthew Righetti alleges that Windstream Communications and Windstream Holdings Inc., called him October 2 with a prerecorded message.
"Although plaintiff did not provide his residential phone number to defendants at any time or in any way, defendants initiated a telephone call to plaintiff' residential telephone line using an artificial or prerecorded voice to deliver a message,"the complaint states. "The telephone call received by plaintiff consisted of a prerecorded phone message using an artificial voice to advertise mortgage financing."
Righetti alleges the calls were not related to an emergency, which are exempt from TCPA. "Plaintiff did not provide 'express consent' allowing defendants to place telephone calls to plaintiff' residential telephone line utilizing an 'artificial or prerecorded' voice to deliver a message within the meaning of [the act],"according to the lawsuit.
Righetti believes he is not alone, but rather thousands of other people were called on their residential phone lines by Windstream without their permission.
"Absent a class action, most of the respective class members would find the cost of litigating their claims to be prohibitive, and will have no effective remedy,"the complaint states. "The class treatment of common questions of law and fact is also superior to multiple individual actions or piecemeal litigation in that it conserves the resources of the courts and the litigants, and provides consistency and efficiency of litigation."
The TCPA class action is brought on behalf of anyone in the US or its territories who received telephone calls to their residential telephone line within the last four years that used an artificial or prerecorded voice to deliver a message initiated by Windstream or anyone acting on behalf of Windstream.
Righetti is represented by Charles A. Jones and Kelly McInerney of Jones Law Firm.