Debtor accuses bank of violating TCPA

By Jenie Mallari-Torres | Feb 2, 2018

SACRAMENTO — A California man is suing a bank, alleging violation of the Rosenthal Fair Debt Collection Practices Act (RFDCPA) and the Telephone Consumer Protection Act (TCPA).

SACRAMENTO — A California man is suing a bank, alleging violation of the Rosenthal Fair Debt Collection Practices Act (RFDCPA) and the Telephone Consumer Protection Act (TCPA).

Vincent Chetty filed a complaint Jan. 24 in U.S. District Court for the Eastern District of California against Merrick Bank, and Does 1-100, alleging they violated TCPA through intrusive and unwanted calls.

According to the complaint, starting in October 2017, Chetty has he suffered from harassment, stress and embarrassment, caused by defendants' barrage of calls using an automatic telephone dialing system to collect on the plaintiff's alleged debt. The suit says the calls have continued despite Chetty's repeated requests for the calls to stop and the defendants being told repeatedly to contact his attorney instead. 

The plaintiff alleges the defendants continued to call him despite knowledge he was revoking any prior consent given, and despite receiving notice that Chetty has retained counsel to represent him.

Chetty seeks trial by jury, statutory damages of $1,000, costs of litigation, attorney fees, statutory damages of $1,500 for each and every violation and injunctive relief. He is represented by attorneys Scott J. Sagaria and Elliot Gale of Sagaria Law PC in Roseville.

U.S. District Court for the Eastern District of California case number 18-cv-166

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