A California business has filed a proposed class action lawsuit against Sears Brand, LLC (which does business as Sears Home Improvement and Sears Home Services), alleging that the retailer illegally places automated calls to consumers’ cell phones without their consent. The plaintiff claims it received a phone call from Sears offering to replace its windows. After a few more calls, the plaintiff requested that Sears remove its number from the company’s calling list, but the calls continued nonetheless, the complaint says. The suit seeks to represent the following class:
“All persons within the United States who had or have a number assigned to a cellular telephone service, who received at least one telephone call using an ATDS from Defendant, or their agents calling on behalf of Defendant, between the date of filing this action and the four years preceding, where such calls were placed for the purpose of marketing, to non-customers of Defendant, at the time of the calls.”
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