TAMPA – A St. Petersburg man claims a California debt collector has called hundreds of times for a debt he does not owe.
John Darnley filed a complaint on Dec. 15 in the Tampa Division for the Middle District of Florida against Monterey Financial Services Inc. alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that on Jan. 1, 2016, he started receiving incessant calls from the defendant, approximately 300 times since it started, in an attempt to collect a loan from a third-party unknown to plaintiff. He alleges the calls were made using an automatic telephone dialing system or a pre-recorded or artificial voice, which caused plaintiff to suffer injury of invasion of privacy and intrusion upon his right of seclusion.
The plaintiff holds Monterey Financial Services Inc. responsible because the defendant allegedly called plaintiff with such frequency meant to abuse or harass, contacted plaintiff without prior express consent and unlawfully utilized an automatic dialer and automated voice.
The plaintiff requests a trial by jury and seeks judgment against defendant; statutory, punitive and actual damages; enjoinder from further violations, costs, interest, attorney's fees, and further relief as may be just. He is represented by Octavio "Tav" Gomez of Morgan & Morgan Tampa PA in Tampa.
Tampa Division for the Middle District of Florida Case number 8:16-cv-03425