MIAMI – A Broward County consumer alleges a bank made calls to his cellphone using an automatic dialing system.
Richard Brian Akers filed a complaint on May 3 in the U.S. District Court for the Southern District of Florida against Wells Fargo Bank NA alleging that it allegedly violated the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that beginning in 2016, each time his monthly payment due date for his mortgage passed and he was purportedly late with a payment, he immediately received automated telephone collection calls from the defendant until payment was made. The plaintiff holds Wells Fargo Bank NA responsible because the defendants allegedly made calls using an automatic telephone dialing system and a pre-recorded or artificial voice in violation of the TCPA.
The plaintiff requests a trial by jury and seeks permanent injunction prohibiting defendant from placing non-emergency calls to his cellular telephone, compensation for statutory damages, litigation expenses, costs and such other or further relief as the court may deem proper. He is represented by Bret L. Lusskin of Bret L. Lusskin PA in Aventura.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-60966