UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

Travis Fields, 

 

 Plaintiff, 

v. 

American InterContinental University; and 

DOES 1-10, inclusive, 

 Defendants. 

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Civil Action No.: 1:15-cv-00360 

COMPLAINT AND 

DEMAND FOR JURY TRIAL

 For this Complaint, the Plaintiff, Travis Fields, by undersigned counsel, states as follows: 

JURISDICTION

1. This action arises out of Defendants’ repeated violations of the Telephone 

Consumer Protection Act, 47 U.S.C. § 227, et. seq. (the “TCPA”). 

2. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b), in that the 

Defendants transact business in this District and a substantial portion of the acts giving rise to 

this action occurred in this District. 

PARTIES

3. The Plaintiff, Travis Fields (“Plaintiff”), is an adult individual residing in Decatur, 

Indiana, and is a “person” as defined by 47 U.S.C. § 153(39).

4. Defendant American InterContinental University (“AICU”), is an Illinois business 

entity with an address of 231 North Martingale Road, Schaumburg, Illinois 60173, and is a 

“person” as defined by 47 U.S.C. § 153(39). 

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5. Does 1-10 (the “Agents”) are individual employees and/or agents employed by 

AICU and whose identities are currently unknown to the Plaintiff. One or more of the Agents 

may be joined as parties once their identities are disclosed through discovery. 

6. AICU at all times acted by and through one or more of the Agents. 

FACTS

7. Within the last year, AICU placed calls Plaintiff’s cellular telephone, number 

260-xxx-2253, in an attempt to solicit to Plaintiff its services. 

8. AICU placed calls to Plaintiff’s cellular telephone by using an automated 

telephone dialer system (“ATDS”). 

9. When Plaintiff answered the calls from AICU, he was met with a period of 

silence and had to hold the line to be connected to a live representative. 

10. On or around September 8, 2015, Plaintiff informed AICU that he was not 

interested in its services and instructed AICU to cease calling him. 

11. Nonetheless, AICU placed at least 15 additional calls to Plaintiff’s cellular 

telephone without Plaintiff’s consent. 

COUNT I

VIOLATIONS OF THE TCPA – 47 U.S.C. § 227, et seq.

12. The Plaintiff incorporates by reference all of the above paragraphs of this 

Complaint as though fully stated herein. 

13. At all times referenced herein and within the last four years, AICU placed calls to 

Plaintiff on his cellular telephone by using an automated telephone dialer system. 

14. AICU’s telephone dialing systems have the capacity to store or produce telephone 

numbers to be called, using a random or sequential number generator. 

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15. The TCPA prohibits the use of a predictive dialer, defined as “a dialing system 

that automatically dials consumers’ telephone numbers in a manner that “predicts” the time when 

a consumer will answer the phone and a [representative] will be available to take the call...”2003 

TCPA Order, 18 FCC 36 Rcd 14022. When a representative in not “free to take a call that has 

been placed by a predictive dialer, the consumer answers the phone only to hear ‘dead air’ or a 

dial tone, causing frustration.” Id. 

16. AICU’s telephone dialing systems have all the earmarks of a predicative dialer, as 

Plaintiff experienced dead air and a period of silence prior to the call being transferred to a 

representative. 

17. The telephone number called by AICU was assigned to a cellular telephone 

service for which Plaintiff incurs charges for incoming calls pursuant to 47 U.S.C. § 227(b)(1). 

18. The calls from AICU to Plaintiff were not placed for “emergency purposes” as 

defined by 47 U.S.C. § 227(b)(1)(A)(i). 

19. Plaintiff specifically requested that the calls stop. As such, AICU’s automated 

calls were made without Plaintiff’s consent and in violation of 47 U.S.C. § 227(b)(1)(A)(iii). 

20. AICU continued to barrage Plaintiff with automated calls knowing that it lacked 

consent to call and after Plaintiff’s request that AICU stop calling. 

21. AICU continued to call Plaintiff without his consent in knowing and/or willful 

violation of the TCPA, and as such each call is subject to treble damages pursuant to 47 U.S.C. § 

227(b)(3)(C). 

PRAYER FOR RELIEF

 WHEREFORE, the Plaintiff prays that judgment be entered against the Defendants: 

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A. Statutory damages of $500.00 for each violation determined to be negligent 

pursuant to 47 U.S.C. § 227(b)(3)(B); 

B. Treble damages for each violation determined to be willful and/or knowing 

pursuant to 47 U.S.C. § 227(b)(3)(C); 

C. Such other and further relief as may be just and proper. 

JURY TRIAL DEMANDED ON ALL COUNTS 

Dated: November 27, 2015 

 Respectfully submitted, 

 By /s/ Amy L. Cueller

 Amy L. Cueller, Esq. 

 LEMBERG LAW, L.L.C. 

 1100 Summer Street, 3rd Floor 

 Stamford, CT 06905 

 Telephone: (203) 653-2250 

 Facsimile: (203) 653-3424 

 Attorneys for Plaintiff 

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