Case 3:16-cv-05041 Document 1 Filed 08/31/16 Page 1 of 9

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Todd M. Friedman (SBN 216752)
Meghan E. George (SBN 274525)
Adrian R. Bacon (SBN 280332)
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Phone: 877-206-4741
Fax: 866-633-0228
tfriedman@toddflaw.com
mgeorge@toddflaw.com
abacon@toddflaw.com
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ERIK TRIMBLE, individually and on )
behalf of all others similarly situated, )
)
Plaintiff,
)
)
vs.
)
)
)
LIBERTY ACTION GROUP PAC; )
DOES 1 through 10, inclusive,
)
)
Defendant(s).
)
)
)
)

Case No.
CLASS ACTION
COMPLAINT FOR VIOLATIONS
OF:
1. NEGLIGENT VIOLATIONS OF
THE TELEPHONE CONSUMER
PROTECTION ACT [47 U.S.C.
§227 ET SEQ.]
2. WILLFUL VIOLATIONS OF THE
TELEPHONE CONSUMER
PROTECTION ACT [47 U.S.C.
§227 ET SEQ.]
DEMAND FOR JURY TRIAL

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Plaintiff, ERIK TRIMBLE (“Plaintiff”), on behalf of himself and all others

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similarly situated, alleges the following upon information and belief based upon

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personal knowledge:
NATURE OF THE CASE

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1.

Plaintiff brings this action for himself and others similarly situated

seeking damages and any other available legal or equitable remedies resulting from

CLASS ACTION COMPLAINT
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the illegal actions of LIBERTY ACTION GROUP PAC (“Defendant”), in

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negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff’s cellular

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telephone in violation of the Telephone Consumer Protection Act, 47. U.S.C. § 227

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et seq. (“TCPA”), thereby invading Plaintiff’s privacy.
JURISDICTION & VENUE

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2.

Jurisdiction is proper under 28 U.S.C. § 1332(d)(2) because Plaintiff,

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a resident of California, seeks relief on behalf of a Class, which will result in at

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least one class member belonging to a different state than that of Defendant, a

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company with its principal place of business and State of Incorporation in Florida

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state. Plaintiff also seeks up to $1,500.00 in damages for each call in violation of

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the TCPA, which, when aggregated among a proposed class in the thousands,

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exceeds the $5,000,000.00 threshold for federal court jurisdiction. Therefore, both

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diversity jurisdiction and the damages threshold under the Class Action Fairness

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Act of 2005 (“CAFA”) are present, and this Court has jurisdiction.

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3.

Venue is proper in the United States District Court for the Northern

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District of California pursuant to 18 U.S.C. 1391(b) and 18 U.S.C. § 1441(a)

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because Defendant does business within the state of California and Plaintiff resides

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within this District.
PARTIES

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4.

Plaintiff, ERIK TRIMBLE (“Plaintiff”), is a natural person residing in

San Francisco, California and is a “person” as defined by 47 U.S.C. § 153 (39).
5.

Defendant, LIBERTY ACTION GROUP PAC (“Defendant” or

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“DEFENDANT”), is a revenue management company and is a “person” as defined

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by 47 U.S.C. § 153 (39).

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6.

The above named Defendant, and its subsidiaries and agents, are

collectively referred to as “Defendants.” The true names and capacities of the
Defendants sued herein as DOE DEFENDANTS 1 through 10, inclusive, are
currently unknown to Plaintiff, who therefore sues such Defendants by fictitious

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names. Each of the Defendants designated herein as a DOE is legally responsible

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for the unlawful acts alleged herein. Plaintiff will seek leave of Court to amend the

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Complaint to reflect the true names and capacities of the DOE Defendants when

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such identities become known.

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Plaintiff is informed and believes that at all relevant times, each and

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every Defendant was acting as an agent and/or employee of each of the other

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Defendants and was acting within the course and scope of said agency and/or

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employment with the full knowledge and consent of each of the other Defendants.

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Plaintiff is informed and believes that each of the acts and/or omissions complained

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of herein was made known to, and ratified by, each of the other Defendants.
FACTUAL ALLEGATIONS

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8.

Beginning in or around August 2016, Defendant contacted Plaintiff on

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his cellular telephone ending in -5080, in an effort to sell or solicit its services.

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Defendant called, including but not limited to around August 8, 2016 at 9:32 a.m.,

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August 12, 2016 at 3:19 p.m., August 15, 2016 at 9:41 a.m., August 16, 2016 at

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4:35 p.m., and August 17, 2016 at 10:55 a.m. Defendant often called from

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telephone numbers (646) 604-9033, (202) 813-9371, (646) 600-8266, and (202)

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599-9203.

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9.

Defendant used an “automatic telephone dialing system”, as defined

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by 47 U.S.C. § 227(a)(1) to place its calls to Plaintiff seeking to sell or solicit its

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business services.

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10.

Defendant’s calls constituted calls that were not for emergency

purposes as defined by 47 U.S.C. § 227(b)(1)(A).
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Defendant’s calls were placed to telephone number assigned to a

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cellular telephone service for which Plaintiff incurs a charge for incoming calls

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pursuant to 47 U.S.C. § 227(b)(1).

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12.

Plaintiff is not a customer of Defendant’s services and has never

provided any personal information, including his cellular telephone number, to

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Defendant for any purpose whatsoever. In addition, on at least one occasion,

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Plaintiff answered the telephone and told Defendant to stop calling him.

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Accordingly, Defendant never received Plaintiff’s “prior express consent” to

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receive calls using an automatic telephone dialing system or an artificial or

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prerecorded voice on her cellular telephone pursuant to 47 U.S.C. § 227(b)(1)(A).

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CLASS ALLEGATIONS

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13.

Plaintiff brings this action on behalf of himself and all others similarly

situated, as a member of the proposed class (hereafter “The Class”) defined as
follows:

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All persons within the United States who received any
telephone calls from Defendant to said person’s cellular
telephone made through the use of any automatic
telephone dialing system or an artificial or prerecorded
voice and such person had not previously consented to
receiving such calls within the four years prior to the
filing of this Complaint

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14.

Plaintiff represents, and is a member of, The Class, consisting of All

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persons within the United States who received any telephone calls from Defendant

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to said person’s cellular telephone made through the use of any automatic telephone

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dialing system or an artificial or prerecorded voice and such person had not

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previously not provided their cellular telephone number to Defendant within the

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four years prior to the filing of this Complaint.

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15.

Defendant, its employees and agents are excluded from The Class.

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Plaintiff does not know the number of members in The Class, but believes the Class

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members number in the thousands, if not more. Thus, this matter should be

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certified as a Class Action to assist in the expeditious litigation of the matter.

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The Class is so numerous that the individual joinder of all of its

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members is impractical. While the exact number and identities of The Class

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members are unknown to Plaintiff at this time and can only be ascertained through

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appropriate discovery, Plaintiff is informed and believes and thereon alleges that

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The Class includes thousands of members.

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members may be ascertained by the records maintained by Defendant.

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Plaintiff alleges that The Class

Plaintiff and members of The Class were harmed by the acts of

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Defendant in at least the following ways: Defendant illegally contacted Plaintiff

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and Class members via their cellular telephones thereby causing Plaintiff and Class

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members to incur certain charges or reduced telephone time for which Plaintiff and

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Class members had previously paid by having to retrieve or administer messages

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left by Defendant during those illegal calls, and invading the privacy of said

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Plaintiff and Class members.

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18.

Common questions of fact and law exist as to all members of The

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Class which predominate over any questions affecting only individual members of

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The Class. These common legal and factual questions, which do not vary between

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Class members, and which may be determined without reference to the individual

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circumstances of any Class members, include, but are not limited to, the following:

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a.

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b.

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c.

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Whether, within the four years prior to the filing of this Complaint,
Defendant made any call (other than a call made for emergency
purposes or made with the prior express consent of the called party)
to a Class member using any automatic telephone dialing system or
any artificial or prerecorded voice to any telephone number assigned
to a cellular telephone service;
Whether Plaintiff and the Class members were damages thereby, and
the extent of damages for such violation; and
Whether Defendant should be enjoined from engaging in such conduct
in the future.

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19.

As a person that received numerous calls from Defendant using an

automatic telephone dialing system or an artificial or prerecorded voice, without

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Plaintiff’s prior express consent, Plaintiff is asserting claims that are typical of The

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Class.
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Plaintiff will fairly and adequately protect the interests of the members

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of The Class. Plaintiff has retained attorneys experienced in the prosecution of

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class actions.
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A class action is superior to other available methods of fair and

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efficient adjudication of this controversy, since individual litigation of the claims

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of all Class members is impracticable. Even if every Class member could afford

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individual litigation, the court system could not. It would be unduly burdensome

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to the courts in which individual litigation of numerous issues would proceed.

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Individualized litigation would also present the potential for varying, inconsistent,

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or contradictory judgments and would magnify the delay and expense to all parties

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and to the court system resulting from multiple trials of the same complex factual

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issues. By contrast, the conduct of this action as a class action presents fewer

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management difficulties, conserves the resources of the parties and of the court

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system, and protects the rights of each Class member.
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The prosecution of separate actions by individual Class members

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would create a risk of adjudications with respect to them that would, as a practical

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matter, be dispositive of the interests of the other Class members not parties to such

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adjudications or that would substantially impair or impede the ability of such non-

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party Class members to protect their interests.
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Defendant has acted or refused to act in respects generally applicable

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to The Class, thereby making appropriate final and injunctive relief with regard to

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the members of the California Class as a whole.

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FIRST CAUSE OF ACTION
Negligent Violations of the Telephone Consumer Protection Act

CLASS ACTION COMPLAINT
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47 U.S.C. §227 et seq.

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24.

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Plaintiff repeats and incorporates by reference into this cause of

action the allegations set forth above at Paragraphs 1-23.
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The foregoing acts and omissions of Defendant constitute numerous

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and multiple negligent violations of the TCPA, including but not limited to each

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and every one of the above cited provisions of 47 U.S.C. § 227 et seq.
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As a result of Defendant’s negligent violations of 47 U.S.C. § 227 et

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seq., Plaintiff and the Class Members are entitled an award of $500.00 in statutory

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damages, for each and every violation, pursuant to 47 U.S.C. § 227(b)(3)(B).
27.

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Plaintiff and the Class members are also entitled to and seek

injunctive relief prohibiting such conduct in the future.

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SECOND CAUSE OF ACTION

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Knowing and/or Willful Violations of the Telephone Consumer Protection Act
47 U.S.C. §227 et seq.

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Plaintiff repeats and incorporates by reference into this cause of

action the allegations set forth above at Paragraphs 1-23.
29.

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The foregoing acts and omissions of Defendant constitute numerous

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and multiple knowing and/or willful violations of the TCPA, including but not

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limited to each and every one of the above cited provisions of 47 U.S.C. § 227 et

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seq.

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30.

As a result of Defendant’s knowing and/or willful violations of 47

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U.S.C. § 227 et seq., Plaintiff and the Class members are entitled an award of

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$1,500.00 in statutory damages, for each and every violation, pursuant to 47 U.S.C.

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§ 227(b)(3)(B) and 47 U.S.C. § 227(b)(3)(C).

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31.

Plaintiff and the Class members are also entitled to and seek

injunctive relief prohibiting such conduct in the future.

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CLASS ACTION COMPLAINT
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PRAYER FOR RELIEF

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WHEREFORE, Plaintiff requests judgment against Defendant for the following:

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FIRST CAUSE OF ACTION

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Negligent Violations of the Telephone Consumer Protection Act

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47 U.S.C. §227 et seq.

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 As a result of Defendant’s negligent violations of 47 U.S.C.

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§227(b)(1), Plaintiff and the Class members are entitled to and

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request $500 in statutory damages, for each and every violation,
pursuant to 47 U.S.C. 227(b)(3)(B); and

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 Any and all other relief that the Court deems just and proper.

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SECOND CAUSE OF ACTION
Knowing and/or Willful Violations of the Telephone Consumer Protection Act
47 U.S.C. §227 et seq.

CLASS ACTION COMPLAINT
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 As a result of Defendant’s willful and/or knowing violations of 47

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U.S.C. §227(b)(1), Plaintiff and the Class members are entitled to

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and request treble damages, as provided by statute, up to $1,500, for

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each and every violation, pursuant to 47 U.S.C. §227(b)(3)(B) and 47

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U.S.C. §227(b)(3)(C); and

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 Any and all other relief that the Court deems just and proper.

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Respectfully Submitted this 31st day of August, 2016.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
By: /s Todd M. Friedman
Todd M. Friedman
Law Offices of Todd M. Friedman
Attorney for Plaintiff

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CLASS ACTION COMPLAINT
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 Case 3:16-cv-05041 Document 1-1 Filed 08/31/16 Page 1 of 2

JS-CAND 44 (Rev. 07/16)

CIVIL COVER SHEET

The JS-CAND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law,
except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

ERIK TRIMBLE, individually and on behalf of all others LIBERTY ACTION GROUP PAC; DOES 1 through 10,
similarly situated,
inclusive
(b)

County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

San Francisco

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)

NOTE:

(c)

Attorneys (Firm Name, Address, and Telephone Number)

Law Offices of Todd M. Friedman, P.C.
21550 Oxnard St., Suite 780 Woodland Hills, CA 91367
Phone: 877-206-4741
II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
1

2

U.S. Government
Plaintiff

3 Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

4 Diversity
(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT
CONTRACT

(For Diversity Cases Only)
PTF

(Place an “X” in One Box Only)
TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
Of Veteran’s Benefits
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

2 Removed from
State Court

3 Remanded from
Appellate Court

and One Box for Defendant)
PTF
DEF

DEF

Citizen of This State

1

1 Incorporated or Principal Place
of Business In This State

4

4

Citizen of Another State

2

2 Incorporated and Principal Place
of Business In Another State

5

5

Citizen or Subject of a
Foreign Country

3

3 Foreign Nation

6

6

FORFEITURE/PENALTY

PERSONAL INJURY
PERSONAL INJURY
310 Airplane
365 Personal Injury –
315 Airplane Product
Product Liability
Liability
367 Health Care/
320 Assault, Libel &
Pharmaceutical
Slander
Personal Injury
330 Federal Employers’
Product Liability
Liability
368 Asbestos Personal
340 Marine
Injury Product
345 Marine Product
Liability
Liability
PERSONAL PROPERTY
350 Motor Vehicle
370 Other Fraud
355 Motor Vehicle
371 Truth in Lending
Product Liability
380 Other Personal
Property Damage
360 Other Personal
Injury
385 Property Damage
362 Personal Injury Product Liability
Medical Malpractice
CIVIL RIGHTS
PRISONER PETITIONS
Habeas Corpus:
440 Other Civil Rights
441 Voting
463 Alien Detainee
442 Employment
510 Motions to Vacate
Sentence
443 Housing/
Accommodations
530 General
535 Death Penalty
445 Amer. w/Disabilities–
Employment
Other:
540 Mandamus & Other
446 Amer. w/Disabilities–
Other
550 Civil Rights
448 Education
555 Prison Condition
560 Civil Detainee–
Conditions of
Confinement

V. ORIGIN (Place an “X” in One Box Only)
1 Original
Proceeding

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff

625 Drug Related Seizure
of Property 21 USC § 881
690 Other

BANKRUPTCY
422 Appeal 28 USC § 158
423 Withdrawal
28 USC § 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS–Third Party
26 USC § 7609

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

4 Reinstated or
Reopened

5 Transferred from
Another District

6 Multidistrict
Litigation–Transfer

(specify)

OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
§ 3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

8 Multidistrict
Litigation–Direct File

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION

47. U.S.C. § 227 et seq.

Brief description of cause:
Violation of the Telephone Consumer Protection Act

CHECK YES only if demanded in complaint:
DEMAND $ 5,000,000.00
VII. REQUESTED IN ✔ CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, Fed. R. Civ. P.
COMPLAINT:
Yes
No
JURY DEMAND:
VIII. RELATED CASE(S),
IF ANY (See instructions):
JUDGE
DOCKET NUMBER
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
(Place an “X” in One Box Only)
SAN FRANCISCO/OAKLAND
SAN JOSE
EUREKA-MCKINLEYVILLE

DATE: 08/31/2016

SIGNATURE OF ATTORNEY OF RECORD: s/Todd M. Friedman

 JS-CAND 44 (rev. 07/16)

Case 3:16-cv-05041 Document 1-1 Filed 08/31/16 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44
Authority For Civil Cover Sheet. The JS-CAND 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and
service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial
Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. Consequently, a civil cover sheet is
submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)
c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment).”
II.

Jurisdiction. The basis of jurisdiction is set forth under Federal Rule of Civil Procedure 8(a), which requires that jurisdictions be shown in
pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
(1) United States plaintiff. Jurisdiction based on 28 USC §§ 1345 and 1348. Suits by agencies and officers of the United States are included here.
(2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
(3) Federal question. This refers to suits under 28 USC § 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code
takes precedence, and box 1 or 2 should be marked.
(4) Diversity of citizenship. This refers to suits under 28 USC § 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS-CAND 44 is to be completed if diversity of citizenship was indicated above.
Mark this section for each principal party.

IV.

Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V.

Origin. Place an “X” in one of the six boxes.
(1) Original Proceedings. Cases originating in the United States district courts.
(2) Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 USC § 1441. When the
petition for removal is granted, check this box.
(3) Remanded from Appellate Court. Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
(4) Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
(5) Transferred from Another District. For cases transferred under Title 28 USC § 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
(6) Multidistrict Litigation Transfer. Check this box when a multidistrict case is transferred into the district under authority of Title 28 USC
§ 1407. When this box is checked, do not check (5) above.
(8) Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket.
Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC § 553. Brief Description: Unauthorized reception of cable service.

VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Federal Rule of Civil Procedure 23.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
IX.

Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this
section blank. For all other cases, identify the divisional venue according to Civil Local Rule 3-2: “the county in which a substantial part of the
events or omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated.”

Date and Attorney Signature. Date and sign the civil cover sheet.