SAN DIEGO – A San Diego man alleges a financial institution invaded his privacy with its calls.
Russel Smith filed a complaint individually and on behalf of others similarly situated on Dec. 12 in the U.S. District Court for the Southern District of California against Citibank NA alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that around Oct. 7, 2015, he received calls from the defendant in its attempt to collect an alleged debt despite having no permission to contact plaintiff. The suit states the defendant unlawfully used an automatic telephone dialing system or an artificial or pre-recorded voice and that because of these actions, plaintiff suffered an invasion of his right to privacy, frustration and emotional distress.
The plaintiffs hold Citibank NA responsible because the defendant allegedly called plaintiff with such frequency meant to abuse or harass, contacted plaintiff without express consent and invaded plaintiff's rights to privacy and seclusion.
The plaintiffs request a trial by jury and seek judgment against defendant, certify case as a class action, appoint class representative and counsel, statutory damages, injunctive relief and other relief that the court deems just. He is represented by Joshua B. Swigart and Yana A. Hart of Hyde & Swigart in San Diego, Daniel G. Shay of Law Office of Daniel G. Shay in San Diego and Abbas Kazerounian of Kazerouni Law Group APC in Costa Mesa.
U.S. District Court for the Southern District of California Case number 3:16-cv-03007