An individual has filed a lawsuit against a cable company in Florida, alleging he received more than 150 collection calls to his cell phone that were made via an automated telephone dialing service without first receiving the plaintiff’s consent and after he told the defendant to stop calling him, alleging the company violated the Telephone Consumer Protection Act.
A copy of the complaint in Tucci v. Bright House Networks, LLC, d/b/a Spectrum, can be accessed by clicking here.
The defendant is accused of “intentionally” harassing and abusing the plaintiff by calling multiple times on the same day and placing calls on subsequent days, without having express consent to do so.
The defendant’s call logs should indicate the number of calls and whether there are recordings to verify the plaintiff revoked consent to be contacted, according to the complaint. The plaintiff “repeatedly” told the defendant to stop calling, according to the complaint.
An ATDS was used, alleged the plaintiff, because the calls were made using a “pre-recorded voice,” according to the complaint.
The plaintiff is alleging the defendant willfully violated the TCPA and also violated the Florida Consumer Collection Practices Act.
