SAN DIEGO – A San Diego County resident alleges a debt collector continued to call him after it was instructed to contact his attorney.
Khoi Nguyen filed a complaint on behalf of himself and all others similarly situated on Nov. 15 in the U.S. District Court for the Southern District of California against Credit Control LLC alleging violation of the Telephone Consumer Protection Act and the
and California Invasion of Privacy Act.
According to the complaint, the plaintiff alleges on Sept. 7, he received an unsolicited call from defendant to his cellular telephone, for which he provided no prior express consent to call, in an attempt to collect an alleged debt owed. He alleges he informed the defendant that he is represented by an attorney and revoked any prior express consent to call him, but despite his demands, the defendant's agents continued calling him using an automatic telephone dialing system or an artificial or pre-recorded voice.
The plaintiff holds Credit Control LLC responsible because the defendant allegedly placed calls using unlawful telephone equipment and continued its calls despite several demands to cease calling.
The plaintiffs request a trial by jury and seek judgment against defendant, $500 in statutory damages, $1,500 in treble damages, injunctive relief, and other relief the court may deem just. He is represented by Ronald A. Marron, Alexis M. Wood and Kas Gallucci of Law Offices of Ronald A. Marron in San Diego and Daniel G. Shay of Law Offices of Daniel G. Shay in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02805