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NORTHERN CALIFORNIA RECORD

Friday, April 19, 2024

Couple alleges Capital One Bank harassed them with collection calls

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LOS ANGELES – A Virginia company is facing a suit from a Los Angeles County couple over allegations it harassed them with frequent calls.

Gilbert Herrera and Trisha Herrera filed a complaint on March 29 in the U.S. District Court for the Central District of California, Western Division against Capital One Bank (U.S.A.), N.A. citing the Telephone Consumer Protection Act and the Rosenthal Fair Debt Collection Practices Act.

According to the complaint, the plaintiffs allege that in 2016, they suffered damages from receiving several collection calls from the defendant. The plaintiffs holds Capital One Bank (U.S.A.), N.A. responsible because the defendant allegedly kept on calling the plaintiffs despite their request to stop calling and used an automatic dialer to make the calls. They allege the defendant contacted them with such frequency to constitute harassment.

The plaintiffs seek injunction against the defendant, $500 in statutory damages, $1,500 in treble damages, statutory damages of $1,000, all legal fees, interest and any other relief as this court deems just. They are represented by Matthew A. Rosenthal of Westgate Law in Los Angeles.

U.S. District Court for the Central District of California, Western Division Case number 2:17-cv-02428-RGK-AJW

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