MIAMI – A South Dakota debt collector is accused of invading a man's privacy with its collection calls.
Joel Barbanell filed a complaint on Sept. 19 in the U.S. District Court for the Southern District of Florida against Department Stores National Bank citing the Florida Consumer Collection Practices Act and the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that in March, he applied for a Macy's American Express Card but never received the card or billing statement in the mail. In May, the suit states the defendant began calling him to collect the alleged debt, and four times he requested a paper statement.
The plaintiff holds Department Stores National Bank responsible because the defendant allegedly contacted plaintiff using an automatic telephone dialing system and continued to do so after he revoked his consent.
The plaintiff requests a trial by jury and seeks actual damages, statutory damages, all legal fees and any other relief as the court deems just. He is represented by George N. Andrews of Loan Lawyers LLC in Fort Lauderdale.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-62220-WJZ