SAN DIEGO – A class action has been filed against a national bank by a San Diego County man over allegations it continued to call him after receiving two cease and desist letters.
Perez filed a complaint individually and on behalf of all others
similarly situated on March 1 in the U.S. District Court for the
District of California against Wells Fargo Bank NA citing the Telephone
Consumer Protection Act.
According to the complaint, the
plaintiff opened a Wells Fargo Visa credit card in 2012 and that his
attorney sent two cease and desist letters in 2016 to the defendant in
regard to the account. The plaintiff holds Wells Fargo Bank NA
responsible because the defendant allegedly continued to make calls
despite plaintiffs' explicit demand to stop the improper calls, and
unlawfully utilized an automatic telephone dialing system and/or an
artificial or pre-recorded voice.
The plaintiffs request a trial
by jury and seek judgment against defendant, certify case as a class
suit, appoint named plaintiff and his counsel as class representative
and class counsel, injunctive relief, statutory damages, and further relief as may be just. He is represented by Abbas
Kazerounian and Jason A. Ibey of Kazerouni Law Group APC in Costa Mesa,
Daniel G. Shay of Law Office of Daniel G. Shay in San Diego and Joshua
B. Swigart and Yana A. Hart of Hyde & Swigart in San Diego.
U.S. District Court for the Southern District of California Case number 3:17-cv-00424