FORT LAUDERDALE – A Deerfield Beach man claims a debt collector is calling him for a debt allegedly owed by a third party.
Donald Nappi filed a complaint on behalf of individually, and on behalf of all others similarly situated on Nov. 15 in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division against AmeriFinancial Solutions LLC alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that in 2013, his cellular telephone number was submitted by a third-party as an emergency contact in case of health care emergency. The defendant allegedly began contacting the plaintiff in an attempt to collect on an alleged debt owed by that third party.
The plaintiff holds AmeriFinancial Solutions LLC responsible because the defendant allegedly engaged in the unlawful practice of using an autodialer to place calls to cellular phones and called the plaintiff without his prior express consent.
The plaintiff requests a trial by jury and seeks judgment against the defendant, appoint plaintiff as representative and his counsel as class counsel, injunction to cease use of any telephone equipment without prior express consent from recipients, attorneys' fees and costs, and further relief that the court deems reasonable. He is represented by David P. Healy of Dudley, Sellers, Healy & Heath PLC in Tallahassee and Benjamin H. Richman of Edelson PC in Chicago.
U.S. District Court for the Southern District of Florida, Fort Lauderdale Division Case number 0:16-cv-62692