SAN DIEGO – A Wisconsin man alleges several debt collectors have contacted him on his cellphone without permission.
William Baker filed a complaint individually and on behalf of all others similarly situated on Nov. 10 in the U.S. District Court for the
District of California against
Midland Credit Management Inc., Midland Funding LLC and Encore Capital Group Inc. alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that he was called by the defendants in their efforts to collect credit card debts using an automatic telephone dialing system and without any prior express written consent to call. The plaintiffs hold Midland Credit Management Inc., Midland Funding LLC and Encore Capital Group Inc. responsible because the defendants allegedly engaged in an unlawful practice of using an autodialer to place calls to cellular phones without prior express consent to place the calls.
The plaintiffs request a trial by jury and seek judgment against the defendants, injunctive relief, damages, attorneys' fees, costs to counsel and other relief as the court deems just. He is represented by Juan E. Monteverde and Miles D. Schreiner of Monteverde & Associates PC in New York and David E. Bower of Monteverde & Associates PC in Culver City.
U.S. District Court for the Southern District of California Case number 3:16-cv-02768