SANTA ANA – A Fountain Valley woman alleges a debt collector continued to call her after she revoked permission.
Brigitte Barnes filed a complaint on Sept. 19 in the U.S. District Court for the Central District of California, Southern Division against Citibank NA and Does 1-10 citing the Telephone Consumer Protection Act and the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on Feb. 5, she revoked any consent of defendants to call her on her cellular telephone using an automatic telephone dialing system or an artificial or prerecorded voice to collect plaintiff's alleged debt. She alleges that despite her repeated requests for the calls to stop, defendants willfully contacted her no less than 70 times, which caused plaintiff to feel harassed or abused.
The plaintiff holds Citibank NA and Does 1-10 responsible because the defendants allegedly communicated with plaintiff with such frequency as to be unreasonable and to constitute harassment.
The plaintiff requests a trial by jury and seeks judgment in her favor, injunction prohibiting defendant from calling her, damages, costs, attorneys' fees, interest and further relief as the court may deem just. She is represented by Kian Mottahedeh and John D. Sarai of SM Law Group APC in Encino.
U.S. District Court for the Central District of California, Southern Division Case number 8:16-cv-01742