ORLANDO — A man is suing Green Tre, d/b/a DiTech, a Tampa corporation, citing alleged violation of Telephone Consumer Protection Act (TCPA).
Brien Bowers filed a complaint on Oct. 14, in the U.S. District Court for the Middle District of Florida Orlando Division against Green Tree, d/b/a DiTech, alleging that the Tampa corporation violated TCPA through intrusive and unwanted calls.
According to the complaint, the plaintiff alleges that, starting July 1, 2015, he received calls from the defendant on his cellular telephone approximately 65 times to date in an attempt to collect a debt. The plaintiff believes that the calls were made using an automatic telephone dialing system (ATDS) and/or an artificial or prerecorded voice because of the vast numbers of calls he received. Furthermore, defendant ignored all demands made by the plaintiff to cease calling him, thereby causing plaintiff to suffer damages.
The plaintiff holds Green Tree, d/b/a DiTech, responsible because the defendant allegedly provided no means for plaintiff to have his contact number removed from its ATDS call list, called plaintiff with such frequency as to harass and abuse, and contacted plaintiff without acquiring any prior express consent to call.
The plaintiff requests a trial by jury and seeks judgment against defendant, damages, enjoinder from further violations, costs, interest, attorney's fees and other relief the court may deem just. He is represented by Amy Ferrera of Morgan & Morgan PA in Tampa.
U.S. District Court for the Middle District of Florida Orlando Division Case number 6:16-cv-01786