JACKSONVILLE — A consumer has filed suit against Ocwen Loan Servicing LLC alleging the debt collector violated the Telephone Consumer Protection Act by placing non-emergency telephone calls with an automatic telephone dialing system, and allegedly repeatedly called the consumer over a four-year period.
Nadyne McClellan filed a complaint on Aug. 9 in U.S. District Court for the Middle District of Florida, Jacksonville Division, against Ocwen Loan Servicing LLC, alleging that the debt collector knowingly violated the Florida Consumer Collection Practices Act and Telephone Consumer Protection Act regulations.
According to the complaint, the plaintiff alleges that on March 2016, she requested that the defendant stop calling her cellphone to collect on her alleged debt. Despite her request, the defendant allegedly continued to call her on her cellphone, which resulted in accrued charges for incoming calls. The defendant also allegedly used an automatic dialing system to leave pre-recorded messages for the plaintiff within four years of filing a complaint.
The plaintiff holds Ocwen Loan Servicing LLC responsible because the defendant allegedly violated the Florida Consumer Collection Practices Act by frequently calling the plaintiff or any member of her family and violated the Telephone Consumer Protection Act by placing non-emergency telephone calls using an automatic telephone dialing system.
The plaintiff requests a trial by jury and seeks judgment against the defendant for statutory damages of $1,000 and treble damages of $1,500 for each and every violation, costs and attorney's fees, damages and any other relief the court deems appropriate. She is represented by Shireen Hormozdi of Hormozdi Law Firm LLC in Norcross, Georgia.
U.S. District Court for the Middle District of Florida case number 3:16-cv-01017