TAMPA – A consumer has filed suit against a debt collector alleging it failed to disclose its status as a collector when leaving messages on his cellphone.
Shawn Sherman filed a complaint on April 1 in the Tampa Division of the Middle District of Florida against Medicredit Inc. alleging that the debt collector violated the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that he has received numerous unwanted calls on his cellular telephone from the defendant. The plaintiff holds Medicredit Inc. responsible because the defendant allegedly left pre-recorded voice mail messages on his cellular telephone, left similar or identical messages on other occasions and failed to disclose the caller's name, the nature of its business, or that it is a debt collector in the telephone messages. The defendant is also accused of making calls using an automatic telephone dialing system or a pre-recorded or artificial voice.
The plaintiff requests a trial by jury and seeks permanent injunction prohibiting defendant from placing non-emergency calls to his cellular telephone, compensation for all damages and for such other or further relief as the court may deem proper. He is represented by James S. Giardina and Kimberly H. Wochholz of The Consumer Rights Law Group PLLC in Tampa.
Tampa Division of the Middle District of Florida Case number 8:16-cv-00787