Industrial Tool Company Sued for Putative Class Claims Alleging TCPA Violations

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Elizabeth DiNardo, Esq.,
Legal Staff Writer

On March 8, 2018, California-based industrial tool company Ace Industrial Supply Inc. (“Ace”) was served with putative class claims in Illinois federal court alleging that the company violated the Telephone Consumer Protection Act (“TCPA”).

Named plaintiff and Illinois resident, Steven Berning, alleged in the complaint that he purchased tools for his farming business from Ace in 2014 and at that time, gave the company permission to contact him. However, within one month of granting such permission, Berning claims that he received a deluge of calls from Ace and thereafter attempted numerous times, to remove his contact information from Ace’s marketing contact lists. The plaintiff’s phone number has been on the National “Do Not Call” Registry since 2004. Despite verbally communicating to multiple Ace sales representatives that he did not want to be contacted, Ace continued to make marketing calls to the plaintiff.

In the complaint, Berning alleges that Ace was both negligent and willful in its violation of the TCPA. Each negligent violation of the TCPA carries a maximum fine of $500. Similarly, every willful violation of the TCPA carries a maximum fine of $1,500. The suit is seeking to encompass a nationwide class comprised of people who received unsolicited phone calls from Ace from 2014 to present. The suit also seeks to create a subclass comprised of individuals who received unsolicited calls from Ace despite having their phone numbers on the National Do Not Call Registry over a one-month period or longer.

The case is: Berning et al v. Ace Industrial Supply, Inc. et al, Case No.: 1:18-cv-01708 in the U.S. District Court for the Northern District of Illinois.

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