FORT MYERS – A Fort Myers consumer alleges a debt collector called her more than 100 times after she revoked her consent to call her.
Kelly Batiz filed a complaint on Sept. 19 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against Credit One Bank NA alleging violation of the Telephone Consumer Protection Act and the Florida Consumer Collection Practices Act.
According to the complaint, the plaintiff alleges that beginning on May 1, she began receiving calls on her cellular telephone from defendant seeking to recover an alleged debt. The plaintiff alleges she requested for the defendant cease calling her, but her requests were ignored, which caused plaintiff to suffer the injury of invasion of privacy and other injuries.
The plaintiff holds Credit One Bank NA responsible because the defendant allegedly caused to harass and abuse with such frequency of calls placed to plaintiff, failed to cease calls despite the repeated demands and resorted to unlawful use of autodialer and artificial voice.
The plaintiff requests a trial by jury and seeks judgment against defendant for damages, costs, interest, attorney's fees, enjoinder from further violations and other relief the court may deem just. She is represented by Shaughn C. Hill of Morgan & Morgan PA in Tampa.
U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:16-cv-00707