TAMPA – Two consumers allege that a debt collector made harassing calls to their cellphones despite requests to stop.
Tihomil Kraker and Karen Mueller filed a complaint on March 23 in the Tampa Division of the Middle District of Florida against Ally Financial Inc. alleging that the debt collector violated the Telephone Consumer Protection Act and the Florida Consumer Collection Practices Act regulations.
According to the complaint, the plaintiffs allege that they continued to receive several collection calls after they informed defendant that they knew they were behind on payments for a car loan and could not afford to make payments. The plaintiffs hold Ally Financial Inc. responsible because the defendant allegedly placed non-emergency telephone calls to their cellular telephones using an automatic telephone dialing system and/or pre-recorded or artificial voice messages. The calls were made without their prior express consent, the suit states.
The plaintiffs request a trial by jury and seek compensation for actual and statutory damages, attorneys' fees and costs and any further relief that the court may deem just and proper. They are represented by Jon P. Dubbeld of Berkowitz & Myer in St. Petersburg.
Tampa Division of the Middle District of Florida Case number 8:16-cv-00715