CHICAGO – A Wisconsin man has brought a class action against Culligan Water Technologies, accusing the company of calling him without his consent.
Aaron Kapp filed a complaint individually and as the representative of a class of similarly situated persons on Nov. 26 in Cook County Circuit Court alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges the defendant calls residential landline phones for advertising purposes using a prerecorded message. He alleges he contacted the defendant to explain he no longer had a Culligan water system and asked to be removed from the call list, but the calls continued.
The plaintiff alleges the defendant failed to obtain prior express written consent from consumers, invaded consumers' rights to privacy and seclusion, and failed to provide consumers with any function to opt out of the calls.
The plaintiff requests a trial by jury and seeks judgment against defendant; asks the court approve the case as a class action; to award statutory and actual damages of at least $500-$1,500 per call; attorney fees; costs of suit; and other relief. He is represented by Phillip A. Bock, Tod A. Lewis, David M. Oppenheim and Mara A. Baltabols of Bock, Hatch, Lewis & Oppenheim LLC in Chicago and Ilan Chorowsky and Mark Bulgarelli of Progressive Law Group LLC in Evanston, Illinois.
Cook County Circuit Court case number 18-CH-14636