SACRAMENTO – A Bakersfield woman has filed a class-action lawsuit against a retailer and a financial institution over allegations of telephone harassment.
Hayley Johnson filed a complaint on behalf of all others similarly situated on April 22 in the U.S. District Court for the Eastern District of California against Wal-Mart Stores Inc. and Synchrony Financial alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that, between Jan. 31 and Feb. 16, she received several unwanted calls from the defendants concerning a debt for a Wal-Mart credit card belonging to an unknown person. She alleges she has never applied to or owned a Wal-Mart credit card. The plaintiff holds Wal-Mart Stores Inc. and Synchrony Financial responsible because the defendants allegedly made several harassing calls to plaintiff's cellular telephone without her permission and despite her requests to stop.
The plaintiff requests a trial by jury and seeks $1,500 for each call that violated the TCPA as treble damages, $500 for each violation of the TCPA as statutory damages, damages permitted by the Rosenthal Act, all legal fees and any other relief as this court deems just. She is represented by L. Timothy Fisher, Annick M. Persinger and Yeremey O. Krivoshey of Bursor & Fisher PA in Walnut Creek and Scott A. Bursor of Bursor & Fisher PA in New York.
U.S. District Court for the Eastern District of California Case number 1:16-at-00306