FORT MYERS — A woman is suing Comenity Bank, a debt collector, citing alleged violation of the Telephone Consumer Protection Act (TCPA).
Kimberly Dempsey filed a complaint on Oct. 17, in the U.S. District Court for the Middle District of Florida against Comenity Bank alleging that the debt collector violated TCPA through intrusive and unwanted calls.
According to the complaint, the plaintiff alleges that, in September 2015, she began receiving calls to her cellular telephone from defendant seeking to recover an alleged debt. The plaintiff believes that the calls were made using an automatic telephone dialing system or an artificial or prerecorded voice. Although she repeatedly demanded that they cease placing calls to her phone number, the defendant ignored all of her requests and continued calling her at approximately 400 calls to date. As a result, plaintiff suffered the injury of invasion of privacy and the intrusion upon her right of seclusion.
The plaintiff holds Comenity Bank responsible because the defendant allegedly attempted to collect a debt from plaintiff without prior express consent, and contacted plaintiff with such frequency as to harass or abuse.
The plaintiff requests a trial by jury and seeks judgment against defendant, damages, costs, interest, attorney's fees, enjoinder from further violations and other relief the court may deem just. She is represented by Shaughn C. Hill of Morgan & Morgan PA in Tampa.
U.S. District Court for the Middle District of Florida Case number 2:16-cv-00769