A woman from Florida has filed a lawsuit against ADT Corp., alleging the company violated the Telephone Consumer Protection Act and Florida Consumer Collection Practices Act by making debt collection calls to her mobile phone without first obtaining her consent.
The suit was filed in the District Court for the Souther District of Florida last week. A copy of the complaint in the case of Szymonowicz v. ADT Corp. can be accessed by clicking here.
In the complaint, the plaintiff alleges that the defendant attempted to contact her “numerous” or a “multitude” of times in attempts to collect a debt related to a home security system purchased by the plaintiff. The attempts to contact the plaintiff were allegedly made using an automated telephone dialing system and without first obtaining prior express consent.
The complaint alleges that the defendant’s “calling campaign included multiple calls a day and/or calls on back-to-back days,” and included a log of three calls placed on the same day at 8:18am, 8:33am, and 11:58am, and another call made two days later at 10:14am.
The frequency of calls was harassing enough to have violated the FCCPA, according to the complaint. The plaintiff had also revoked consent to be contacted, it mentions in the complaint, without providing any details about how that consent was revoked.
In alleging violations of the TCPA, the plaintiff is relying on the 2003 and 2008 orders from the Federal Communications Commission as to what defines an ATDS.
