ORLANDO – A Kissimmee woman alleges a debt collector violated federal law with the voice mails it left on her cellphone.
Ana Santiago filed a complaint on Aug. 12 in the U.S. District Court for the Middle District of Florida, Orlando Division against Receivables Performance Management LLC alleging violation of the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that in May and June, she was contacted on her cellular telephone by the defendant in an attempt to collect an alleged debt. The suit states that the defendant left a voice mail but did not state the caller's identity. The plaintiff also claims she mailed a letter to the defendant instructing it to call her counsel instead of calling her directly.
The plaintiff holds Receivables Performance Management LLC responsible because the defendant allegedly violated the FDCPA by not disclosing the caller's identity and violated the TCPA by using an automatic telephone dialing system.
The plaintiff requests a trial by jury and seeks $1,000 in statutory damages, actual damages, to enjoin the defendant from further placing calls to plaintiff's cellular telephone, all legal fees and interest and any other relief as the court deems just. She is represented by Alex D. Weisberg of Weisberg Consumer Law Group PA in Cooper City.
U.S. District Court for the Middle District of Florida, Orlando Division Case number 6:16-cv-01448-PGB-DAB