Plaintiff Waived His TCPA Claims by Advertising His Number, Says Bench Craft
Bench Craft, a seller of golf course advertising to businesses throughout the U.S., denies that Marvin Shebroe is entitled to the injunctive and monetary relief he seeks for alleged violations of the Telephone Consumer Protection Act, said Bench Craft’s Dec.…
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22 answer (docket 8:23-cv-02690) to Shebroe’s Nov. 24 class action (see 2311270011). Shebroe alleges that Bench Craft makes telemarketing calls to consumers without their consent, including to phone numbers listed for years on the national do not call registry. But Bench Craft asserts that the plaintiff uses his cellphone number for his “business endeavors,” and that he provided that number to Bench Craft when he previously used its services to advertise his business, said the defendant’s answer. Shebroe also advertises his number on the website for his business, Audio Video Helpers, a home theater retailer and installer, and on that company’s Facebook page, it said. Shebroe has made his cellphone number available “to the public at large” to contact him at Audio Video Helpers, it said. After making his number available for those wishing to contact Audio Video Helpers, Shebroe can’t now “be permitted to claim” that the number is his personal cellphone number used for personal, residential purposes, it said. Shebroe “has waived his ability to make a claim under the TCPA” as a result of his decision to advertise his cellphone number as the number to be contacted at Audio Video Helpers, it said.