Complaint Against Staples, Inc. Filing Fee: $ 405, Receipt Number AMADC-11641558 (Fee Status: Filing Fee Paid), Filed by Chet Michael Wilson. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Paronich, Anthony)

Document #1 Filed 03/29/2026 · 8 pages · District Court, D. Massachusetts · View original PDF

1Chet Michael Wilson (“Plaintiff”) brings this class action against Staples, Inc. (“Defendant”) under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”).

2Upon information and good faith belief, Defendant routinely violates 47 U.S.C. § 227(b)(1)(A)(iii) by using an artificial or prerecorded voice in connection with non-emergency calls it places to telephone numbers assigned to a cellular telephone service, without prior express consent.

3More specifically, upon information and good faith belief, Defendant routinely uses an artificial or prerecorded voice in connection with non-emergency calls it places to wrong or reassigned cellular telephone numbers.

JURISDICTION AND VENUE

4This Court has subject matter jurisdiction under 47 U.S.C. § 227(b)(3) and 28

U.S.C. § 1331.

5Venue is proper before this Court pursuant to 28 U.S.C. § 1391(b) as a substantial portion of the events giving rise to this action occurred in this district.

6Defendant directed artificial or prerecorded voice messages to Plaintiff’s cellular telephone from this district.

PARTIES

7Plaintiff is, and at all relevant times was, a “person” as defined by 47 U.S.C. § 153(39).

8Defendant is a corporation that is headquartered within this District.

9Defendant is, and at all relevant times was, a “person” as defined by 47 U.S.C. § 153(39).

PLAINTIFF’S ALLEGATIONS

10Plaintiff is, and has been for at least five years, the subscriber to and customary user of his cellular telephone number—(541) XXX-9999.

11Defendant called telephone number (541) XXX-9999 at least in March of 2026.

12Defendant placed the calls intending to reach someone other than Plaintiff.

13Defendant used an artificial or prerecorded voice in connection with the calls it placed to telephone number (541) XXX-9999.

14The Plaintiff received the following prerecorded voice message:

This is your Roseburg Staples store calling to let you know that your requested print 695-227-2460 is ready for pick up. Your order can be picked up at the print and marketing counter with any of our available print associates. If you have any questions, please call us at 541-673-7080.

15Defendant’s voice message was robotic.

16The pattern and tone of the speech made clear to Plaintiff that the message Defendant played was prerecorded in nature.

17Given the generic nature of the messages, the content of the messages, and that all seven messages were identical in tone, voice, content, and style, the messages Defendant delivered to telephone number (541) XXX-9999 were prerecorded in nature.

18Plaintiff does not have, nor did he have, an account with Defendant.

19Plaintiff does not, nor did, do business with Defendant.

20Plaintiff did not provide telephone number (541) XXX-9999 to Defendant.

21Plaintiff did not provide Defendant with consent to place calls, in connection with which it used an artificial or prerecorded voice, to telephone number (541) XXX-9999.

22Defendant placed the subject call to telephone number (541) XXX-9999 voluntarily.

23Defendant placed the subject calls to telephone number (541) XXX-9999 under its own free will.

24Defendant had knowledge that it was using an artificial or prerecorded voice in connection with the subject calls it placed to telephone number (541) XXX-9999.

25Plaintiff listened to the voice messages Defendant delivered to his cellular telephone.

26Plaintiff suffered actual harm as a result Defendant’s subject calls, in connection with which it used an artificial or prerecorded voice, in that he suffered an invasion of privacy, an intrusion into his life, and a private nuisance.

27Upon information and good faith belief, Defendant, as a matter of pattern and practice, uses an artificial or prerecorded voice in connection with calls it places to telephone numbers assigned to a cellular telephone service, absent prior express consent.

Class Action Allegations

28Plaintiff brings this action under Federal Rule of Civil Procedure 23, and as a representative of the following class (the “Class”):

All persons throughout the United States (1) to whom Defendant placed, or caused to be placed, a call, (2) directed to a number assigned to a cellular telephone service, but not assigned to a person with an account in collections with Defendant, (3) in connection with which Defendant used an artificial or prerecorded voice, (4) from four years prior to the filing of this complaint through the date of class certification.

29Excluded from the Class is Defendant, its officers and directors, members of their immediate families and their legal representatives, heirs, successors, or assigns, and any entity in which Defendant has or had a controlling interest.

30Upon information and belief, the members of the Class are so numerous that joinder of all of them is impracticable.

31The exact number of members of the Class is unknown to Plaintiff at this time, and can be determined only through appropriate discovery.

32The Class is ascertainable because it is defined by reference to objective criteria.

33In addition, the members of the class are identifiable in that, upon information and good faith belief, their telephone numbers, names, and addresses can be identified in business records maintained by Defendant, and by third parties.

34Plaintiff’s claims are typical of the claims of the members of the Class.

35As it did for all members of the Class, Defendant placed calls to Plaintiff’s cellular telephone number in connection with which it used an artificial or prerecorded voice.

36In addition, like all members of the Class, Plaintiff did not have an account in collections with Defendant.

37Plaintiff’s claims, and the claims of the members of the Class, originate from the same conduct, practice, and procedure on the part of Defendant.

38Plaintiff’s claims are based on the same theories as are the claims of the members of the Class.

39Plaintiff suffered the same injuries as the members of the Class.

40Plaintiff will fairly and adequately protect the interests of the members of the Class.

41Plaintiff’s interests in this matter are not directly or irrevocably antagonistic to the interests of the members of the Class.

42Plaintiff will vigorously pursue the claims of the members of the Class.

43Plaintiff has retained counsel experienced and competent in class action litigation.

44Plaintiff’s counsel will vigorously pursue this matter.

45Plaintiff’s counsel will assert, protect, and otherwise represent the members of the Class.

46The questions of law and fact common to the members of the class predominate over questions that may affect individual members of the Class.

47Issues of law and fact common to all members of the Class are: a. Defendant’s violations of the TCPA; b. Defendant’s conduct, pattern, and practice as it pertains to dialing wrong or

reassigned cellular telephone numbers; c. Defendant’s conduct, pattern, and practice as it pertains to placing calls with an

artificial or prerecorded voice to wrong or reassigned cellular telephone numbers; d. Defendant’s use of an artificial or prerecorded voice; e. The availability of statutory penalties.

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