An individual has filed a Telephone Consumer Protection Act lawsuit, claiming she received more than 130 debt collection calls from a defendant allegedly using an automated telephone dialing system after revoking consent to be contacted.
A copy of the complaint in the case of Hammond v. USAA Federal Savings Bank, which was filed in the District Court for the Eastern District of Virginia, Richmond Division, can be accessed by clicking here.
The plaintiff fell behind on a credit card debt after her hours were cut at work, according to the complaint. She eventually found a new job working the night shift at a hotel, while also caring for her sick parents. This June, she answered a phone call, heard a pause and then heard someone begin to speak. That individual was a collector for the defendant who was trying to recover the unpaid debt. The plaintiff allegedly revoked consent to be contacted during the call. However, according to the complaint, the defendant continued to contact the plaintiff every day for 70 days, through the beginning of August, some days receiving as many as four calls. In June and July, the plaintiff allegedly received 130 calls from the defendant. When some of the calls were answered, a pre-recorded message was played, according to the complaint.
The calls during the day woke the plaintiff while she was sleeping after her job working the night shift, according to the complaint.
The plaintiff is seeking statutory damages of $500 per call, unless the court deems the violation to be willful, which would mean damages could be assessed at $1,500 per call, under the TCPA.
