FORT MYERS – A Lee County woman claims she has received hundreds of calls from debt collector.
Brendi Chase filed a complaint on Dec. 9 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against Santander Consumer USA Inc. alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that since August 2015, she has received 400 calls from the defendant in its attempt to collect on a loan. She alleges the defendant used an automatic telephone dialing system or a pre-recorded or artificial voice without any prior express consent from plaintiff and as a result, she suffered injury in the form of nuisance and trespass to plaintiff’s chattel.
The plaintiff holds Santander Consumer USA Inc. responsible because the defendant allegedly called plaintiff with such frequency meant to abuse or harass, unlawfully utilized an automatic dialer and automated voice, and contacted plaintiff without prior express consent.
The plaintiff requests a trial by jury and seeks judgment against defendant for statutory, punitive and actual damages, costs, interest, attorney fees, enjoinder from further violations and further relief the court may deem just. She is represented by Amy Ferrera of Morgan & Morgan Tampa PA in Tampa.
U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:16-cv-00872