A class-action lawsuit has been filed against a collection agency that alleges the company placed “thousands” of calls to the mobile phones of individuals without first obtaining their consent, which is a violation of the Telephone Consumer Protection Act.
The case was filed in the District Court for the Southern District of Florida. A copy of the complaint for the case — Gerstenhaber v. Diversified Recovery Bureau — can be accessed by clicking here.
The suit seeks to include any person in the United States, who within the four years prior to the complaint being filed, were sent a pre-recorded call from the defendant or anyone on the defendant’s behalf, to said person’s cellular telephone number using the same equipment, or type of equipment, used to call the plaintiff’s cellular telephone. The complaint estimates that the class may ultimately include “several thousands” of individuals.
In the complaint, the plaintiff alleges to have received two pre-recorded calls to his cell phone earlier this month. The pre-recorded message instructed the recipient of the call to contact the defendant regarding a debt. Upon calling the defendant, the plaintiff was told he was being contacted in regards to an unrelated individual’s debt. The plaintiff had not provided consent to the defendant to be contacted on his mobile phone, according to the complaint.
