FORT MYERS – A Lee County woman alleges a financial institution repeatedly called her regarding a credit card that wasn't hers.
Sydney McKinney filed a complaint on July 18 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against Capital One Bank (USA) NA alleging violation of the Telephone Consumer Protection Act and the Florida Consumer Collection Practices Act.
According to the complaint, the plaintiff alleges that she suffered an invasion of her privacy and monetary damages for receiving calls multiple times a day from the defendant regarding the credit card. The plaintiff holds Capital One Bank (USA) NA responsible because the defendant allegedly used an automatic dialing system in contacting plaintiff.
The plaintiff requests a trial by jury and seeks $500 in statutory damages for each violation, $1,500 in statutory damages for each and every violation, permanent injunction against the defendant, all legal fees and any other relief as the court deems just. She is represented by Christopher Legg of Christopher W. Legg PA in Hollywood.
U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:16-cv-00560-UA-CM