SAN DIEGO – A San Diego County man alleges a debt collector harassed him with hundreds of calls after he revoked his consent for it to contact him.
Felipe Magallon filed a complaint on Nov. 7 in the U.S. District Court for the Southern District of California against Barclays Bank Delaware and Does 1-20 alleging violations of Telephone Consumer Protection Act and Rosenthal Fair Debt Collections Practice Act.
According to the complaint, the plaintiff alleges that in April, he requested the defendant to cease calling him and revoked any consent to receive calls from defendant. He alleges that the defendant continued placing calls on his cellular phone at approximately 430 calls to date after this request, which allegedly caused plaintiff to suffer from stress, annoyance, anxiety and invasion on his privacy.
The plaintiff holds Barclays Bank Delaware and Does 1-20 responsible because the defendant allegedly called and left messages to plaintiff with such frequency meant to abuse or harass, contacted plaintiff without express consent and invaded plaintiff's rights to privacy and seclusion.
The plaintiff requests a trial by jury and seeks judgment in his favor, damages, injunctive relief, interest, attorneys' fees, costs of suit and further relief as the court may deem proper. He is represented by Alex Asil Mashiri of Mashiri Law Firm in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02753