A defendant is being accused in a class-action suit of violating the Telephone Consumer Protection Act by allegedly calling an individual’s home phone 30 times per day, on consecutive days, after the individual revoked consent to be contacted on his cell phone, part of a campaign where the plaintiff was “roboblasted” with collection calls to his home and cell phone by the defendant.
A copy of the complaint, in the case of Dmytriw v. Comenity Bank can be accessed by clicking here.
During the span of about 50 days, the defendant allegedly made 379 calls to the plaintiff’s cell phone and 768 calls to the plaintiff’s home phone using an automated telephone dialing system, before the plaintiff revoked consent to be contacted, according to the complaint. The plaintiff says he revoked consent to be contacted three times on the same day, which were part of the 15 times the defendant allegedly called the plaintiff on that day.
After the plaintiff revoked consent to be contacted on his cell phone, the defendant allegedly made 690 calls to the plaintiff’s home phone during the next 26 days, according to the complaint.
None of the three times the plaintiff revoked consent to be contacted appear in the defendant’s notes, according to the complaint. “Each entry made during this day states ‘Wrong number’, ‘ONLINE wrong number’, and ‘wrong number’ when Plaintiff actually respectively stated “Please stop contacting this number’, ‘I’ve asked you to stop contacting this number’ and ‘I’ve asked you to stop calling this number. Thank you’,” according to the complaint.
