ORLANDO – Two Delaware consumers allege that Orange County businesses continued to contact them directly about a purported debt after they advised them that they were represented by counsel.
Dawn M. Pasta and Anthony G. Pasta filed a complaint on May 9 in the U.S. District Court for the Middle District of Florida, Orlando Division against
Westgate Resorts Inc. and Westgate Flamingo Bay LLC
alleging that they allegedly violated the Florida Consumer Collection Practices Act and the Telephone Consumer Protection Act.
According to the complaint, the plaintiffs allege that on June 25, 2014, their counsel provided the defendants actual notice of its representation with respect to their purported debt and advised the defendants that all future communications with respect to the debt should be directed to its office. The plaintiffs holds Westgate Resorts Inc. and Westgate Flamingo Bay LLC responsible because the defendants allegedly continued to communicate with them despite possessing actual knowledge of their counsel's representation of plaintiffs and made calls using an automated telephone dialing system and/or pre-recorded or artificial voice.
The plaintiffs request a trial by jury and seek declaration that defendants violated the FCCPA and TCPA, compensation for all damages, attorneys' fees and costs and such other relief the court may deem proper. They are represented by Aaron M. Swift, Gregory H. Lercher and Sara Weiss of Leavenlaw in St. Petersburg.
U.S. District Court for the Middle District of Florida, Orlando Division Case number 6:16-cv-00793