Kaplan v. Democrat & Chronicle

OPINION OF THE COURT

Melchor E. Castro, J.

In this small claims action, plaintiff asserts a cause of action under the Telephone Consumer Protection Act (47 USC § 227 [c] [5]). The evidence showed that on December 27, 1997 and April 11, 1998, plaintiff received telephone solicitations from defendant’s telemarketing department, despite the fact that, within the preceding 12 months, he had requested that his *645name be placed on the defendant’s do-not-call list. Plaintiff also alleges that, despite his numerous requests, defendant failed to supply him with a copy of its do-not-call policy.

The…