TAMPA – A Pasco County consumer alleges a debt collector invaded her privacy with collection calls.
Karina Gavira filed a complaint on April 14 in the Tampa Division of the Middle District of Florida against Santander Consumer USA Inc. alleging that the defendant violated the Telephone Consumer Protection Act and Florida Consumer Collection Practices Act.
According to the complaint, the plaintiff alleges that she received multiple calls per day to her cellular telephone from the defendant in an effort to collect an alleged debt. Plaintiff claims she was greeted either by an automated machine-reported voice message or a noticeable period of dead air while the caller’s telephone system attempted to connect to a live telephone employee. Gavira claims she suffered an invasion of her privacy, embarrassment and aggravation due to the calls.
The plaintiff holds Santander Consumer USA Inc. responsible because the defendant allegedly used unfair collection practices by claiming, attempting, or threatening to enforce a debt when it knew that the debt was not legitimate and made calls using an automatic dialing system without plaintiff's consent.
The plaintiff requests a trial by jury and seeks judgment for statutory, actual and punitive damages; attorney's fees; litigation expenses; costs of suit; and such other or further relief as the court deems proper. She is represented by Christopher Legg of Buchwald Legg PLLC in Hollywood.
Tampa Division of the Middle District of Florida Case number 8:17-cv-00887-JSM-TBM