Legal Question in Consumer Law in California
proper venue
What is the proper venue.
My company is being sued in small claims court. Plaintiff claims my company violated telemarketing law because we called him twice after he asked us not to call anymore. Plaintiff says proper venue is where the call terminated at his house in Fresno california. My company is located in Palm Springs California. My company did not sell plaintiff anything. Just two 15 second phone calls.
What is the proper venue? Where the call was made or were the call was answered.
1 Answer from Attorneys
Re: proper venue
I would think the venue would be at the home of the person called. This is a highly offensive intrusion of the home and venue would be at the home. To have venue elsewhere would effectively deny justice to those who have been wronged. The plaintiff did not choose to do any business in Palm Springs but the defendant did choose to call a home in the other venue unlawfully.
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