MIAMI – A Tampa resident claims a Miami debt collector continues to call her in an attempt to reach another person and has filed a class-action suit.
Estrellita Reyes filed a complaint on behalf of herself and others similarly situated on Sept. 23 in the U.S. District Court for the Southern District of Florida against BCA Financial Services Inc. citing violation of the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that in 2016,
she began receiving calls from defendant attempting to collect an alleged debt for a third-party. She claims she has never been a customer of the defendant and informed it that she was not the person it was trying to reach.
The plaintiffs hold BCA Financial Services Inc. responsible because the defendant allegedly engaged plaintiff in telephone conversations repeatedly with intent to annoy, abuse, or harass; caused plaintiff to incur charges for incoming calls and counsel fees; and also for using an automatic dialing system.
The plaintiff requests a trial by jury and seeks judgment against defendant, declaratory and injunctive relief, damages, attorneys' fees, costs, expenses, interest and further relief as the court may deem just. She is represented by Aaron D. Radbil of Greenwald Davidson Radbil PLLC in Austin, Texas and Michael L. Greenwald, James L. Davidson and Jesse S. Johnson of Greenwald Davidson Radbil PLLC in Boca Raton.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-24077