TAMPA – A Pinellas County consumer alleges a debt collector has called him more than 550 times in less than a year.
Brian Randolph filed a complaint on April 7 in the Tampa Division of the Middle District of Florida against Encore Receivable Management Inc. alleging that the debt collector violated the Telephone Consumer Protection Act and the Florida Consumer Collection Practices Act.
According to the complaint, the plaintiff alleges that in June 2016, defendant began bombarding plaintiff’s cellular telephone attempting to collect an alleged credit card debt. The suit states the plaintiff has never done business with the defendant and has never taken out a loan with it. Despite plaintiff's request to stop calling him, he alleges the defendant's autodialer calls continued.
The plaintiff holds Encore Receivable Management Inc. responsible because the defendant allegedly willfully called plaintiff's cellular telephone number up to seven times a day using an automatic telephone dialing system and/or a pre-recorded or artificial voice.
The plaintiff requests a trial by jury and seeks statutory, punitive and actual damages, costs, interest, attorney fees and any other relief that the court may deem just and proper. He is represented by Frank H. Kerney III of Morgan & Morgan, Tampa PA in Tampa.
Tampa Division of the Middle District of Florida Case number 8:17-cv-00816