Consumer accuses bank of unlawful debt collection practices

By Noddy A. Fernandez | May 23, 2018

CLEARWATER — A Florida woman is suing a bank, alleging violation of telephone harassment statutes.

CLEARWATER — A Florida woman is suing a bank, alleging violation of telephone harassment statutes.

Cheryl L. Fidler filed a complaint May 8 in Pinellas County Circuit Court against Discover Financial Services Inc., doing business as Discover Bank, alleging the defendant unlawfully attempted to collect a consumer debt via harassing auto-dialed phone calls.

According to the complaint, on Jan. 19, 2018, Fidler retained a lawyer to specifically handle her credit card debts, explicitly revoking any express consent that the Discover Bank possessed to contact her on her cellular phone. 

Despite the bank acknowledging the arrangement, Fidler said she continues to received text messages, auto-dialled phone calls and e-mails. As a result, the suit says Fidler has suffered emotional distress, anxiety, inconvenience, frustration, fear and confusion. The suit says Discover Bank violated the Florida Consumer Collections Practices Act.

The plaintiff alleges Discover Bank has unlawfully tried to collect a consumer debt through harassing auto-dialed phone calls, emails and other communication means.

Fidler seeks trial by jury, damages exceeding $5,000, exclusive of costs, interests, attorney fees and any other relief the court deems just and proper. She is represented by attorneys Aaron M. Swift and Jordan T. Isringhaus of Swift & Isringhaus PA in St. Petersburg.

Pinellas County Circuit Court Case number 18CA3691 5/8

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6th Judicial Circuit of Florida - Pinellas County Discover Bank

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