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Reichenbach v. Chung Holdings, LLC

159 Ohio App. 3d 79, 823 N.E.2d 29 (2004)

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Reichenbach v. Chung Holdings, LLC

Ohio Court of Appeals
159 Ohio App. 3d 79, 823 N.E.2d 29 (2004)

AR

Facts

Gregory Reichenbach (plaintiff) received an unsolicited automated phone call from Precision Windshield Repair, which was owned by Chung Holdings, LLC (defendant). The recording said that many windshield repairs were free and that Reichenbach should give Precision a call if he would like to speak to a repair specialist. Reichenbach called back and asked to be put on Precision’s do-not-call list and to be sent a copy of Precision’s do-not-call policy. Precision said it did not have a policy. Reichenbach sued Precision for violating the Telephone Consumer Protection Act by calling him with an unsolicited prerecorded advertisement and not having a do-not-call policy. Precision responded that it only called Reichenbach once and that the call was not an advertisement because it required the person receiving it to call Precision back. The court ruled in favor of Chung, and Reichenbach appealed.

Rule of Law

Issue

Holding and Reasoning (Pietrykowski, J.)

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