LOS ANGELES – A Santa Ana consumer has filed a class-action lawsuit against a debt collector for allegedly contacting him without his permission.
Frank Gutierrez, individually and on behalf of all others similarly situated, filed a complaint on April 3 in the U.S. District Court for the Central District of California against Apria Healthcare Group Inc. and Does 1-10 alleging that they violated the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that between July 2015 and July 2016, defendants contacted plaintiff on his cellular telephone attempting to collect payment on an alleged outstanding debt. The plaintiff holds Apria Healthcare Group Inc. and Does 1-10 responsible because the defendants allegedly failed to receive prior express consent from the plaintiff to call and used an automatic dialing system.
The plaintiffs request a trial by jury and seek up to $1,500 in treble damages for each call, $500 for statutory damages and for any other relief that the court deems just and proper. He is represented by Todd M. Friedman and Adrian R. Bacon of Law Offices of Todd M. Friedman, PC in Woodland Hills.
U.S. District Court for the Central District of California Case number 8:17-cv-00595