MIAMI – A Florida man alleges a debt collector called him more than 60 times after he asked it to stop calling.
Joaquin Rosales-Aramburu filed a complaint on March 21 in the U.S. District Court for the Southern District of Florida against Capital One NA alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that on Dec. 8, 2016, the defendant began calling him in its attempt to collect on an alleged debt using an automatic telephone dialing system and/or an artificial or prerecorded voice. The plaintiff holds Capital One NA responsible because the defendant allegedly contacted plaintiff without express consent and continued to do so after he revoked his consent to receive calls.
The plaintiff requests a trial by jury and seeks judgment against defendant, $500 dollars in statutory damages for each violation, $1,500 dollars in statutory damages for each willful violation, declaratory judgment, actual damages, litigation costs, and further relief as the court deems necessary. He is represented by Jordan A. Shaw of Zebersky Payne LLP in Fort Lauderdale.
U.S. District Court for the Southern District of Florida Case number 1:17-cv-21070