PALM BEACH – A Miramar man alleges a bank has called him 500 times using an autodialer despite his requests to stop.
Eduardo Vargas filed a complaint on July 18 in the U.S. District Court for the Southern District of Florida, Palm Beach Division against Bank of America N.A. alleging violation of the Telephone Consumer Protection Act and the Florida Consumer Collection Practices Act.
According to the complaint, the plaintiff alleges that between 2011 and 2016, he suffered damages as the result of being called several times on his cellular telephone by the defendant in an alleged attempt to collect a mortgage, despite his requests to stop calling him. The plaintiff holds Bank of America NA responsible because the defendant allegedly used an auto dialing system to contact plaintiff several times in violation of the TCPA.
The plaintiff requests a trial by jury and seeks statutory damages, actual damages, punitive damages, all legal fees and interest and any other relief as this court deems just. He is represented by David P. Mitchell of Maney & Gordon PA in Tampa.
U.S. District Court for the Southern District of Florida, Palm Beach Division Case number 0:16-cv-61717-DPG