FORT LAUDERDALE — A Florida man is suing a North Carolina-based bank, alleging intrusive and unwanted phone calls.
Boris Vaysman filed a lawsuit Nov. 14 in the U.S. District Court for the Southern District of Florida Fort Lauderdale Division against Branch Banking and Trust Company, doing business as BB&T Bank of Winston-Salem, North Carolina, alleging violations of the Telephone Consumer Protection Act (TCPA).
According to the complaint, in 2016, Vaysman began receiving calls from BB&T in an attempt to collect a debt. The suit says the defendant utilized an artificial or pre-recorded calls.
On Aug. 9, on behalf of Vaysman, the plaintiff's attorney revoked any indicia of consent for the phone calls and demanded that the defendant stop calling the plaintiff on both his cellular phone and residential telephone line, the suit states.
Despite the revocation, the lawsuit states, BB&T has placed 100 additional auto-dialed and prerecorded phone calls to Vaysman, causing him to suffer wasted time, harassment and intrusion.
The plaintiff alleges BB&T Bank continued to make calls despite plaintiff's explicit demand to stop the improper calls and unlawfully utilized an automatic telephone dialing system and/or an artificial or pre-recorded voice.
Vaysman seeks trial by jury, judgment in his favor, $500 in statutory damages for each violation, $1,500 in statutory damages for each knowing violation of the TCPA, a permanent injunction, $1,000 in statutory damages for violation of the FCCPA, actual damages, attorney fees, litigation costs and all relief the court deems proper. He is represented by attorney Jordan A. Shaw of Zebersky Payne LLP in Fort Lauderdale.
U.S. District Court for the Southern District of Florida Case number 16-cv-62683