CLARKSBURG – An Illinois man is suing United Technologies Corporation after he claims it violated the Telephone Consumer Protection Act by calling him and invading his privacy.
Monitronics International Inc. and John Does 1 through 10 were also named as defendants in the suit.
Merrill Primack’s home landline telephone has been on the Do Not Call registry since June 2013 and, on Feb. 17, he received a call at about 12 p.m. that began with a recorded voice, which a live person then came on the line and offered GE alarm systems sold by UTC and services, according to a complaint originally filed in the U.S. District Court for the Northern District of Illinois on April 6 and transferred to the U.S. District Court for the Northern District of West Virginia on May 16.
Primack claims he had received similar calls on two other occasions and that all calls were from an authorized representative of the defendants’ and offered to sell their products and services.
The plaintiff had not consented in writing to the receipt of telemarketing calls and the defendants either negligently or willfully violated the rights of the plaintiff in placing the calls, according to the suit.
Primack claims he suffered damages as a result of the receipt of the calls and his right of privacy was invaded.
The defendants violated the Telephone Consumer Protection Act and the Illinois Consumer Fraud Act, according to the suit.
Primack claims the defendant also violated the Illinois Restricted Call Registry Act.
Primack is seeking statutory damages. He is being represented by Daniel A. Edelman, Cathleen M. Combs, James O. Latturner and Michelle A. Alyea of Edelman, Combs, Latturner & Goodwin LLC.
The case is assigned to District Judge Irene M. Keeley.
U.S. District Court for the Northern District of West Virginia case number: 1:16-cv-00090