Yarmouth man sues over violations of no-call list

By Christine Legere

Posted Jan 30, 2020

BOSTON — A Yarmouth man is suing a company that specializes in helping clients get Social Security disability for making several unsolicited calls to his cellphone.

In his court complaint, Harris Contos states Citizens Disability LLC, based in Waltham, called him 22 times between July 31 and Sept. 19 from various numbers for the commercial purpose of selling him services. Contos’ cellphone number has been registered on both state and federal do not call lists for more than 15 years, which should prevent solicitation calls from being made to him.

Contos lists five counts of violations of state and federal telephone consumer protection laws regarding unsolicited calls by Citizens Disability LLC. Contos is seeking a jury trial and asking for $80,000 in damages plus attorney’s fees, along with an injunction preventing the company from making future solicitation calls.

Contos declined comment on the case. Citizens Disability LLC’s attorney, Richard Levine, did not return a call from the Times.

In his filing, Contos said at least 127 complaints for telemarketing violations were filed between Jan. 1, 2019, and Sept. 19, 2019, with the Federal Trade Commission, Federal Communications Commission and the state attorney general’s office.

The attorney general’s office told the Times it had received 20 complaints about Citizens Disability LLC from 2014 through 2019. Of those, 12 had been filed by Contos.

Robocalls and scam phone calls are the most frequent complaints to the consumer hotline, according to the office, which encourages consumers to report violations of the no-call list.

In the court complaint, Contos said the calls to his cellphone “infringed” on his privacy and disrupted his routine.

“The defendant’s unsolicited and unwanted calls to the plaintiff’s registered cell phone number for the purpose of economic gain were intrusive and unreasonable, interfered with the plaintiff’s solitude and seclusion, thereby violating his privacy rights,” the complaint states.

In October, Contos sent a demand for settlement letter to Citizens Disability, court documents said. When no acceptable settlement was forthcoming, Contos, in early January, filed a complaint in Barnstable District Court.

Levine has since filed a notice of removal, shifting the case to U.S. District Court in Boston, since Contos cites violations of federal laws as well as state statutes.