SAN DIEGO — A Vista woman has filed a class action lawsuit against Wells Fargo Bank, alleging violations of the Telephone Consumer Protection Act (TCPA).
Lynn Laing filed a complaint, individually and on behalf of a class of similarly situated individuals, Oct. 9 the U.S. District Court for the Southern District of California against Wells Fargo Bank NA, alleging violation of TCPA through intrusive and unwanted calls.
According to the complaint, beginning February 2010, Laing and other individuals have suffered invasion of their privacy and the right to enjoy full utility of their cellular devices. The suit says this is as a result of receiving a barrage of unsolicited auto-dialed calls from Wells Fargo, offering services to unknown third parties, despite being informed it had reached the wrong number.
The plaintiff alleges Wells Fargo Bank placed calls by an automatic telephone dialing system without obtaining the recipients’ valid prior express consent, and continued to make calls despite the plaintiffs' explicit demand to stop the improper calls.
Laing and the other plaintiffs seek trial by jury, certify the case as a class action, statutory damages of $500 per call for each call placed, $1,500 per call for each call held to be placed knowingly, attorney fees, court cost and all further relief the court deems reasonable. They are represented by Eric W. Kem of The Law Offices of Eric W. Kem PA in Gainesville, Florida, and by Scott D. Owens of Scott D. Owens PA in Hollywood, Florida.
U.S. District Court for the Southern District of California case number 17-C-02072