SAN FRANCISCO – A Richmond woman is seeking an injunction from several debt collectors that allegedly keep calling her to collect a debt owed by another individual.
Nikki Bell filed a complaint on Jan. 9 in the U.S. District Court for the Northern District of California against Department Stores National Bank, FDS Bank, Macy's Inc. and Does 1-50 citing the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that she has suffered and will continue to suffer from abusive and harassing calls made by the defendant in their attempt to contact another individual. She alleges she told the defendant that they had the wrong number, but they continued to call.
The plaintiffs hold Department Stores National Bank, FDS Bank, Macy's Incorporated, and Does 1-50 responsible because the defendants allegedly unlawfully utilized an automatic dialer and automated voice and contacted plaintiff without prior express consent.
The plaintiff requests a trial by jury and seeks judgment in her favor, certify class action case, appoint plaintiff and her counsel to represent the class, statutory damages, injunctive relief, attorneys' fees, costs and all other relief that the court deems just. She is represented by John P. Kristensen and David L. Weisberg of Kristensen Weisberg LLP in Los Angeles and Jarrett L. Ellzey of Hughes Ellzey LLP in Houston.
U.S. District Court for the Northern District of California Case number 3:17-cv-00102