FORT MYERS – A consumer alleges that a debt collector called him more than 100 times using an automatic telephone dialing system in an attempt to collect an alleged debt.
Arlington Babb filed a complaint on April 8 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against Credit One Financial alleging that the debt collector violated the Telephone Consumer Protection Act and Florida Consumer Collection Practices Act.
According to the complaint, the plaintiff alleges that in or about April 2015, he began receiving calls on his cellular telephone from the defendant seeking to recover a debt. He continued receiving calls despite his repeated demands to stop calling him, the suit states. From about May 2015 through the filing of this complaint, he alleges to have received approximately 150 automated calls.
The plaintiff holds Credit One Financial responsible because the defendant allegedly called him several times in a day and on back-to-back days using an automatic telephone dialing system and/or prerecorded or artificial voice. The telephone calls made were for non-emergency purposes, the suit states, and claims this is a violation of the TCPA.
The plaintiff requests a trial by jury and seeks compensation for statutory, punitive and actual damages, attorney fees, costs and interest and any other such relief that the court may deem just and proper. He is represented by William Peerce Howard and Amanda J. Allen of The Consumer Protection Firm PLLC in Tampa.
U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:16-cv-00266