JACKSONVILLE – A St. Johns County consumer is suing a Las Vegas debt collector over allegations it used an autodialer to call her.
Tina Kirby filed a complaint on Oct. 3 in the U.S. District Court for the Middle District of Florida, Jacksonville 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 in March, she began receiving unwanted calls to her cellular telephone from the defendant to collect an alleged debt using an automatic telephone dialing system or an artificial or prerecorded voice. She alleges it caused her to suffer from invasion of her privacy, occupation of her cellular telephone line, unavailability of her line for legitimate callers, exhaustion of her cellular battery, risk of injury due to distraction, anxiety, embarrassment, distress and aggravation.
The plaintiff holds Credit One Bank NA responsible because the defendant allegedly called plaintiff with such frequency meant to harass or abuse, initiated calls without express permission from plaintiff and utilized the unlawful use of an autodialer and artificial voice.
The plaintiff requests a trial by jury and seeks judgment against defendant, damages, costs, interest, attorney's fees and other relief the court may deem just. She is represented by Frank H. Kerney of Morgan & Morgan PA in Tampa.
U.S. District Court for the Middle District of Florida, Jacksonville Division Case number 3:16-cv-01263