SAN DIEGO – A San Diego woman has filed a class-action suit against a Livermore corporation that she has no business relationship with over claims it continues to call her to collect an alleged debt.
Tiffany Ann Cahill filed a complaint individually and on behalf of all others similarly situated on Oct. 17 in the U.S. District Court for the Southern District of California against Performant Recovery Inc. alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that in June, she began to receive calls to her cellular telephone from the defendant attempting to collect an alleged debt. She alleges she has not given the defendant any prior express consent to call or conduct business with her, moreover, she believes that the defendant was using an automatic telephone dialing system. She claims she has suffered from incoming call charges, unavailability of her phone line for legitimate calls, invasion of privacy, frustration, distress and wasted time.
The plaintiffs hold Performant Recovery Inc. responsible because the defendant allegedly placed unsolicited and unwanted calls that caused recipients to suffer as a result.
The plaintiffs request a trial by jury and seek judgment against defendant, certify case as a class action, appoint class representative and counsel, injunctive relief prohibiting such conduct, statutory damages and other relief the court may deem just. She is represented by Joshua B. Swigart of Hyde & Swigart in San Diego, Abbas Kazerounian of Kazerouni Law Group in Costa Mesa and Daniel G. Shay of Law Office Of Daniel G. Shay in San Diego.
U.S. District Court for the
District of California Case number 3:16-cv-02587