TAMPA – Hillsborough County property owners allege a mortgage servicer continues to call them after they revoked their consent to be contacted.
Deanna M. Aull and James E. Aull filed a complaint on Nov. 25 in the Tampa Division of the Middle District of Florida against Suntrust Mortgage Inc. alleging violation of the Telephone Consumer Protection Act and the Florida Consumer Collection Practices Act.
According to the complaint, the plaintiffs allege that they revoked any prior express consent to be contacted via cellphone, facsimile transmission or any other form of communication in the defendant's attempt to collect an alleged debt on Sept. 3, 2015, and again on Jan. 27, 2016. Despite that, they allege the defendant continued its campaign of calls using an automatic telephone dialing system and an artificial voice. The plaintiffs hold Suntrust Mortgage Inc. responsible because the defendant allegedly contacted plaintiffs without prior express consent, harassed them with calls, and unlawfully utilized an automatic dialer and automated voice.
The plaintiffs request a trial by jury and seek judgment against defendant, actual and statutory damages, injunctive relief, costs of the action, attorney’s fees and other relief the court deems just. They are represented by Christopher W. Boss of Boss Law in St. Petersburg.
Tampa Division of the Middle District of Florida
Case number 8:16-cv-03266