WHEELING, W.Va. (WTRF) — Diana Mey of Wheeling filed a potential class action lawsuit Feb. 14 in federal court over phone solicitations she received concerning the Camp Lejeune contaminated water lawsuit, according to the West Virginia Record.
She filed suit against Florida-based Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr and Mougey, Maryland-based Principal Law Group, Minnesota-based MCM Service Group and John Doe defendants.
Levin Law and the Principal Law Group are among many law firms involved in a mass toxic tort claim, a civil suit, against the federal government over contaminated drinking water at the Marine Corps Base Camp Lejeune or Marine Corps Air Station New River near Jacksonville, N.C.
The flurry of lawsuits and advertisements seeking plaintiffs spiked after Congress passed the Promise to Address Comprehensive Toxics Act in August, which offers a new right of action to individuals affected by the contaminated water.
Mey said she started receiving solicitation calls to join the Camp Lejeune suit on Jan. 24 from a number similar to hers, a spoofed number. She claims she received four calls that day.
She said she received additional calls the next day and spoke to a representative about litigation paperwork. She said she was not transferred to a lawyer but received additional calls asking “scripted” questions to determine was she qualified to be a claimant in the Camp Lejeune lawsuit.
Mey claims she was receiving calls from a marketing firm which was referring her to law firms, and on Jan. 30 a representative from Principal Law Group told her it was MCM marketing. On that same day, Mey spoke with a man named Dwaine from Principal Law Group who tried to lessen her concerns about whether the legal representation was legitimate.
Mey ultimately told Dwaine that she was not interested in the legal representation they discussed and asked him to stop calls from him and his group’s affiliated marketing companies.
Despite this request, Mey says Dwaine called her back less than one hour later to again ask her to sign up as a client.
In her lawsuit, Mey cites the Telephone Consumer Protection Act, which is a federal statute to protect consumers from nuisance telemarketers. She says the law firms and marketing companies violated this act.
Mey seeks certification of the proposed class and to be appointed class representative, judgment permanently enjoining defendants from engaging in unlawful telemarketing practices, injunctive relief to ensure compliance, statutory damage of $500 for each negligent TCPA violation and $1,500 for each knowing violations, according to the West Virginia Record. She also seeks to hold the defendants jointly and severally liable, says the paper.
Andrew C. Robey and Ryan M. Donovan of Hissam Forman Donovan Ritchie in Charleston are representing Mey.