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By John Kristensen of Kristensen, LLP posted in Employment Law -- Employee on Thursday, September 4, 2014.
Kristensen LLP Defeats Motion to Stay Class Action for Illegal Robo Calls to Cell Phones

On September 4, 2014, United States District Court Judge John E. Mendez denied defendant Caribbean Cruise Lines, Inc.’s Motion to Stay a Class Action for Illegal Robo Calls to Cell Phones.  Kristensen LLP filed the Complaint in Lively v.  Caribbean Cruise Lines, Inc. on April 17, 2014 in the United States District Court for the Eastern District of California with Chris Wood from Dreyer Babich Buccola Wood Campora, LLP.  The allegations center on the robo calls to plaintiff and others cell phones on behalf of Caribbean Cruise Lines, Inc. that were made without express prior consent.  That is a violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“TCPA”).  A handful of other cases have been filed in other jurisdictions against Caribbean Cruise Lines, Inc.  Judge Mendez found the claims to be different enough that a stay was not warranted.  The decision can be read here. In another note, the Judge ordered Caribbean Cruise Lines, Inc. to provide its discovery response the following day, September 5, 2014.