An individual in Florida has filed a lawsuit accusing a company of violating the Telephone Consumer Protection Act by making debt collection calls to the plaintiff’s cell phone after he had revoked consent to be contacted and told the defendant he intended to file for bankruptcy protection and asked the defendant to contact his attorney instead.
A copy of the complaint in the case of Campbell v. Capital One Financial Corp. can be accessed by clicking here.
The plaintiff claimed to have received nearly three dozen calls from the defendant after revoking consent to be contacted. The plaintiff claims the defendant used pre-recorded messages to inform him that it was seeking to collect on an unpaid credit card debt. The plaintiff said in his complaint that he told the defendant he was unable to pay the balance and that the defendant should stop contacting him. He also claims to have told the defendant he was planning on filing for bankruptcy protection and that the defendant should contact his attorney. Frustrated that the calls would not stop, the plaintiff said he contacted an attorney regarding his rights, which resulted in expenses being incurred. Among the concrete harms allegedly suffered by the plaintiff are: invasion of privacy, aggravation that accompanies collection telephone calls, emotional distress, increased risk of personal injury resulting from the distraction caused by the never-ending calls, increased usage of his telephone services, loss of cellular phone capacity, diminished cellular phone functionality, decreased battery life on his cellular phone, and diminished space for data storage on his cellular phone.
The plaintiff claims the defendant willfully and knowingly violated the TCPA by contacting the plaintiff after consent had been revoked, and is seeking damages of $1,500 per call. The plaintiff also claims the defendant violated provisions of Florida’s Consumer Collection Practices Act.
