Aaron Manopla and Evelyn Manopla, on behalf of themselves and all others similarly situated v. Home Depot USA Inc., Atlantic Water Products Inc., John Does 1-25
Published: Dec. 6, 2019 | Result Date: Jun. 17, 2019 | Filing Date: Feb. 12, 2015 |Case number: USDC New Jersey: 3:15-cv-01120-PGS-TJB Settlement – $4,350,000
Attorneys
Plaintiff
Todd M. Friedman
(Law Offices of Todd M. Friedman PC)
Ross H. Schmierer
(DeNittis Osefchen Prince PC)
Ari H. Marcus
(Marcus & Zelman LLC)
Defendant
Sidney Stewart Haskins II
(King & Spalding LLP)
Lisa B. Geraghty
(Starr, Gern, Davison & Rubin P.C.)
D.S. Berenson
(Berenson LLP)
Laura D. Ruccolo
(Capehart Scatchard, P.A.)
Facts
Aaron and Evelyn Manopla filed a class action lawsuit against Home Depot USA, Inc. and Atlantic Water Products Inc. in relation to defendants' cellular telephone communication practices.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants contacted them on their cellular telephones without consent in violation of the Telephone Consumer Protection Act and invaded their privacy by doing so. Plaintiffs alleged that they visited a Home Depot store in December 2014 and filled out a form to receive a free water test kit, and beginning on January 7, 2015, plaintiffs received numerous calls from defendants over several days. Plaintiffs claimed that when they answered the calls they heard a computerized artificial or pre-recorded voice prompting them to press a key to speak to a live operator, and if they did not answer, defendants would leave a computerized voicemail.
DEFENDANTS' CONTENTIONS: Defendants denied the allegations.
Result
Defendants agreed to pay $4.35 million to settle plaintiffs' claims.
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