JACKSONVILLE – A Cape Coral consumer is suing a bank in Utah for alleged violation of telephone harassment statutes.
Peter Gerold filed a complaint on April 10 in the U.S. District Court for the Middle District of Florida against Synchrony Bank, formerly known as GE Capital Retail Bank, alleging that the defendant violated the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that on Sept. 28, 2016, the defendant began calling him on his cellular telephone number using an automatic dialing system (ATDS) or predictive dialer due to an alleged debt. Plaintiff claims he then told defendant that he was making partial payments and requested that all calls to his cellular telephone number cease on Oct. 17, 2016, but defendant allegedly continued to plaice automated calls.
The plaintiff holds Synchrony Bank responsible because the defendant allegedly continued to place automated calls after being directed to cease calling and for failing to acknowledge the rights of consumers to give consent first before receiving the calls.
The plaintiff requests a trial by jury and seeks an award of $500 in statutory damages, $1,500 for other damages and other further relief as may be just and proper. He is represented by Stan Michael Maslona of Lemberg Law LLC in Wilton, Connecticut.
U.S. District Court for the Middle District of Florida Case number 2:17-cv-00193