SACRAMENTO – A San Joaquin woman is suing a bank claiming it has called her more than 100 times in the span of a few months.
Nancy Iniguez filed a complaint on March 15 in the U.S. District Court for the Eastern District of California against Merrick Bank Corp., citing violation of the Rosenthal Fair Debt Collection Practices Act and the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that between Oct. 24, 2015, and Jan. 15 she received numerous calls from the defendant in an attempt to collect a debt she owed despite telling an agent to stop calling her. The plaintiff holds Merrick Bank Corp. responsible because the defendant allegedly violated the RFDCPA by continuously calling plaintiff enough to be considered a harassment and by using an automated, pre-recorded voice in violation of the TCPA.
The plaintiff seeks the following: $500 in statutory damages and $1,500 in treble damages for each and every violation, all legal fees and any other relief as this court deems just and proper. She is represented by G. Thomas Martin III and Nicholas J. Bontrager of Martin & Bontrager APC in Los Angeles.
U.S. District Court for the Eastern District of California Case number 2:16-cv-00549-TLN-AC