FORT MYERS — A consumer has filed suit against Bluestem Brands Inc. after the business, a debt collector, allegedly contacted the consumer more than 150 times on his cell phone.
Jorge Perez filed a complaint on March 24 in U.S. District Court for the Middle District of Florida, Fort Myers Division, against Bluestem Brands Inc., doing business as Fingerhut, claiming that the debt collector violated the Telephone Consumer Protection Act and the Florida Consumer Collections Practices Act.
According to the complaint, the plaintiff alleges that from January 2015 through the filing of this complaint, he has continued to receive unwanted calls even after he spoke to the defendant's customer service and advised them that he felt he did not owe them any money and did not want them to call him again. The plaintiff holds Fingerhut responsible because the defendant allegedly made non-emergency calls to his cellular telephone number using an automatic telephone dialing system and/or prerecorded or artificial voice messages.
The plaintiff requests a trial by jury and seeks compensation for statutory damages, punitive damages, actual damages and treble damages exceeding $75,000, attorneys' fees and costs, interest and any further relief that the court may deem just and proper. He is represented by Frank H. Kerney III of Morgan & Morgan in Tampa.
U.S. District Court for the Middle District of Florida case number 2:16-cv-00156