Edward Makaron, and Bianca Carter, individually and on behalf of all others similarly situated v. UTC Fire & Security Americas Corporation Inc.; Security One Alarm Systems and Does 1 through 10, inclusive
Published: Sep. 5, 2015 | Result Date: May 19, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-01274-GW-AGR Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Joshua B. Swigart
(Swigart Law Group)
Todd M. Friedman
(Law Offices of Todd M. Friedman PC)
Nicholas J. Bontrager
(Martin & Bontrager APC)
Adrian R. Bacon
(Law Offices of Todd M. Friedman PC)
Matthew M. Loker
(Kazerouni Law Group APC)
Mohammad Kazerouni
(Kazerouni Law Group APC)
Abbas Kazerounian
(Kazerouni Law Group APC)
Defendant
Facts
Edward Makaron and Bianca Carter filed a class action against UTC Fire & Security Americas Corp. Inc. and Security One Alarm Systems.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs accused defendants of violating the Telephone Consumer Protections Act by placing automated phone calls to plaintiffs' cellular and/or residential phone numbers, which constituted an invasion of their privacy.
DEFENDANTS' CONTENTIONS:
Defendant UTCFSA denied plaintiffs' allegations and asserted various affirmative defenses. Defendant UTCFSA moved for summary judgment on the basis that it would not be vicariously liable for calls placed by downstream resellers of its manufactured products.
Result
The court granted UTCFSA's motion for summary judgment and ordered the parties to bear their own costs as agreed.
Other Information
FILING DATE: Feb. 19, 2014.
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