SAN DIEGO — A consumer has filed a claim against debt collector Action Collection Agency of Boston, citing alleged unfair practices.
Giovanni Pomales filed a complaint on Aug. 11 in the U.S. District Court for the Southern District of California against Action Collection Agency, alleging that the debt collector violated the Fair Debt Collection Practices (FDCP) and Telephone Consumer Protection Act (TCPA).
According to the complaint, the plaintiff alleges that he began to receive calls from the defendant on several occasions at unusual times on his cellphone, sometimes from an automatic telephone dialing system, even though the defendant was not given consent to call the plaintiff, which inconvenienced the plaintiff. The plaintiff holds Action Collection Agency responsible because the defendant allegedly called the plaintiff using pre-recorded messages and made a number of calls to the plaintiff using an automated dialer that is restricted under TCPA.
The plaintiff requests a trial by jury and seeks judgment against the defendant, actual, punitive and statutory damages, costs of suit and attorney's fees. He is represented by Mark G. Spencer of Law Office of Mark G. Spencer in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02028