SAN FRANCISCO – A Santa Clara County consumer claims a debt collector has harassed him with phone calls.
Fidel Quintanilla filed a complaint individually and on behalf of all others similarly situated on Dec. 12 in the U.S. District Court for the Northern District of California against Pinnacle Recovery Inc. alleging violation of the
Telephone Consumer Protection Act, the Fair Debt Collection Practices Act and the
Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that in 2015, he started receiving calls from the defendant in its effort to collect an alleged debt by using an automatic telephone dialing system or an artificial or prerecorded voice on their cellular telephones. He alleges he revoked his consent to be called but that the defendant continued to call. The plaintiffs hold Pinnacle Recovery Inc. responsible because the defendant allegedly communicated with plaintiff with such frequency as to be unreasonable, and caused plaintiff's telephone to ring repeatedly or continuously with intent to harass, annoy or abuse.
The plaintiffs request a trial by jury and seek judgment against defendant, $500 in statutory damages for every violation, $1,500 in treble damages for every violation, actual damages, costs, attorney’s fees and further relief as may be just. He is represented by Todd M. Friedman, Adrian R. Bacon and Meghan E. George of Law Offices of Todd M. Friedman in Woodland Hills.
U.S. District Court for the Northern District of California Case number 5:16-cv-07085