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Case 2:17-cv-01480-RGK-AS Document 1 Filed 02/23/17 Page 1 of 6 Page ID #:1

1 TRINETTE G. KENT (State Bar No. 222020)


2 10645 North Tatum Blvd., Suite 200-192
Phoenix, AZ 85028
3 Telephone: (480) 247-9644
4 Facsimile: (480) 717-4781
E-mail: tkent@lemberglaw.com
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6 Of Counsel to
Lemberg Law, LLC
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43 Danbury Road
8 Wilton, CT 06897
Telephone: (203) 653-2250
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Facsimile: (203) 653-3424
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11 Attorneys for Plaintiff,
Jonathan Anozie
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UNITED STATES DISTRICT COURT
14 CENTRAL DISTRICT OF CALIFORNIA
15 WESTERN DIVISION
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17 Jonathan Anozie, Case No.:
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Plaintiff, COMPLAINT FOR DAMAGES
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20 vs. FOR VIOLATIONS OF:
1. THE TELEPHONE CONSUMER
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Papa John's International, Inc., PROTECTION ACT
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Defendant. JURY TRIAL DEMANDED
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Case 2:17-cv-01480-RGK-AS Document 1 Filed 02/23/17 Page 2 of 6 Page ID #:2

1 Plaintiff, Jonathan Anozie (hereafter Plaintiff), by undersigned counsel,


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brings the following complaint against Papa John's International, Inc. (hereafter
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4 Defendant) and alleges as follows:
5 JURISDICTION
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1. This action arises out of Defendants repeated violations of the
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8 Telephone Consumer Protection Act, 47 U.S.C. 227, et seq. (TCPA).
9 2. Jurisdiction of this Court arises under 47 U.S.C. 227(b)(3) and 28
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U.S.C. 1331.
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12 3. Venue is proper before this Court pursuant to 28 U.S.C. 1391(b), where
13 the acts and transactions giving rise to Plaintiffs action occurred in this district and/or
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where Defendant transacts business in this district.
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16 PARTIES
17 4. Plaintiff is an adult individual residing in Beverly Hills, California, and is
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a person as defined by 47 U.S.C. 153(39).
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20 5. Defendant is a business entity located in Louisville, Kentucky, and is a
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person as the term is defined by 47 U.S.C. 153(39).
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23 ALLEGATIONS APPLICABLE TO ALL COUNTS
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6. At all times mentioned herein where Defendant communicated with any
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26 person via telephone, such communication was done via Defendants agent,
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representative or employee.
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COMPLAINT FOR DAMAGES
Case 2:17-cv-01480-RGK-AS Document 1 Filed 02/23/17 Page 3 of 6 Page ID #:3

1 7. At all times mentioned herein, Plaintiff utilized a cellular telephone


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service and was assigned the following telephone number: 818-XXX-8894 (hereafter
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4 Number).
5 8. Defendant placed text messages to Plaintiffs Number in an attempt to
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solicit business from Plaintiff.
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8 9. The aforementioned text messages were placed using an automatic
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telephone dialing system (ATDS) and/or by using an artificial or prerecorded voice
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11 (Robocalls).
12 10. In March of 2016, Defendant began sending automated, template text
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messages to Plaintiffs Number.
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15 11. The aforementioned text messages appear to come from the following
16 number: 47272.
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12. By way of example, Plaintiff received the following text message on
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19 March 25, 2016: Papa Johns: This Deal>>ANY 2 Large Pizzas up to 5-Toppings or
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Specialty for $9.99 each. Code: Text325 Thru 3/27 @http://PapaJohns.com/n. Reply
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STOP to cancel.
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23 13. Plaintiff does not have a prior existing business relationship with
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Defendant and never consented to receive automated text message at his Number.
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26 14. On multiple occasions, Plaintiff replied STOP to Defendants text

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COMPLAINT FOR DAMAGES
Case 2:17-cv-01480-RGK-AS Document 1 Filed 02/23/17 Page 4 of 6 Page ID #:4

1 15. Defendants automated system was unable to process Plaintiffs STOP


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request.
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4 16. Defendants automated text messages continued.
5 17. Defendants calls directly and substantially interfered with Plaintiffs
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right to peacefully enjoy a service that Plaintiff paid for and caused Plaintiff to suffer
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8 a significant amount of anxiety, frustration and annoyance.
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10 COUNT I
11 VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT, 47
12 U.S.C. 227, et seq.
13 18. Plaintiff incorporates by reference all of the above paragraphs of this
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complaint as though fully stated herein.
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16 19. The TCPA prohibits Defendant from using, other than for emergency
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purposes, an ATDS and/or Robocalls when calling Plaintiffs Number absent
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Plaintiffs prior express consent to do so. See 47 U.S.C. 227(b)(1).
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20 20. FCC regulations promulgated under the TCPA specifically prohibit
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Defendant from using an ATDS to call Plaintiffs Number for the purpose of
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23 advertising or telemarketing absent Plaintiffs prior express written consent. See 47
24 C.F.R. 64.1200(a)(2).
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21. FCC regulations promulgated under the TCPA require that Plaintiffs
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27 consent be pursuant to a written agreement, signed by the Plaintiff, which contains
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COMPLAINT FOR DAMAGES
Case 2:17-cv-01480-RGK-AS Document 1 Filed 02/23/17 Page 5 of 6 Page ID #:5

1 Plaintiffs unambiguous assent to receiving ATDS calls from Defendant. See 47


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C.F.R. 64.1200(f)(8).
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4 22. Defendants telephone system has the earmark of using an ATDS in that
5 the multiple text messages Plaintiff received appear to have been automatically
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generated, were all similar in style and content, and none were directed specifically to
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8 Plaintiff.
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23. Defendant sent text messages to Plaintiffs Number using an ATDS
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11 without Plaintiffs consent in that Defendant either never had Plaintiffs prior express
12 consent to do so or such consent was effectively revoked when Plaintiff requested that
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Defendant cease all further text messages.
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15 24. Defendant continued to willfully dial Plaintiffs Number using an ATDS
16 knowing that it lacked the requisite consent to do so in violation of the TCPA.
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25. Plaintiff was harmed and suffered damages as a result of Defendants
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19 actions.
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26. The TCPA creates a private right of action against persons who violate
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the Act. See 47 U.S.C. 227(b)(3).
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23 27. As a result of each text message made in violation of the TCPA, Plaintiff
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is entitled to an award of $500.00 in statutory damages.
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26 28. As a result of each text message sent knowingly and/or willingly in

27 violation of the TCPA, Plaintiff may be entitled to an award of treble damages.


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COMPLAINT FOR DAMAGES
Case 2:17-cv-01480-RGK-AS Document 1 Filed 02/23/17 Page 6 of 6 Page ID #:6

1 PRAYER FOR RELIEF


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WHEREFORE, Plaintiff prays for judgment against Defendant for:
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A. Statutory damages of $500.00 for each call determined to be in violation
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5 of the TCPA pursuant to 47 U.S.C. 227(b)(3);
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B. Treble damages for each violation determined to be willful and/or
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8 knowing under the TCPA pursuant to 47 U.S.C. 227(b)(3);
9 C. Such other and further relief as may be just and proper.
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11 TRIAL BY JURY DEMANDED ON ALL COUNTS
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14 DATED: February 23, 2017 TRINETTE G. KENT
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By: /s/ Trinette G. Kent
16 Trinette G. Kent, Esq.
17 Lemberg Law, LLC
Attorney for Plaintiff, Jonathan Anozie
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COMPLAINT FOR DAMAGES