ORLANDO – An Osceola County consumer alleges a debt collector has harassed her with frequent calls.
Minerva Nieves filed a complaint on Jan. 25 in the U.S. District Court for the Middle District of Florida, Orlando Division against Hyundai Capital America Inc. alleging that the collector violated the Telephone Consumer Protection Act and the Florida Consumer Collection Practices Act.
According to the complaint, the plaintiff alleges that starting May 2016, she was harassed and abused by defendant's frequency of calls to collect on an alleged consumer debt, despite having revoked any previously perceived expressed consent The plaintiff holds Hyundai Capital America Inc. responsible because the defendant allegedly called and left messages to plaintiff with such frequency meant to abuse or harass, contacted plaintiff without express consent and invaded plaintiff's rights to privacy and seclusion, and used an automatic call system.
The plaintiff requests a trial by jury and seeks judgment in her favor, statutory, punitive, actual and treble damages, enjoinder from further violation, costs, interest, attorney's fees and other relief the court may deem just. She is represented by Jared M. Lee of Morgan & Morgan PA in Orlando.
U.S. District Court for the Middle District of Florida, Orlando Division Case number 6:17-cv-00128