Consumer accuses Capital One of violating TCPA

By Jenie Mallari-Torres | Feb 13, 2018

SACRAMENTO — A consumer is suing Capital One, alleging violation of the Telephone Consumer Protection Act (TCPA), and the Rosenthal Fair Debt Collection Practices Act (RFDCPA).

SACRAMENTO — A consumer is suing Capital One, alleging violation of the Telephone Consumer Protection Act (TCPA), and the Rosenthal Fair Debt Collection Practices Act (RFDCPA).

Edward Aytalin filed a complaint Feb. 1 in U.S. District Court for the Eastern District of California against Capital One National Association, and Does 1-100, alleging they violated TCPA through intrusive and unwanted phone calls.

According to the complaint, starting Oct. 8, 2017, Aytalin has suffered from embarrassment, distress and aggravation caused by Capital One's barrage of calls. The suit says Capital One uses an auto dialer and prerecorded voice to collect on Ayplaintiff's alleged debt, despite his repeated requests for the calls to stop. 

The plaintiff alleges the defendants continued to call and attempted to make contact with Aytalin despite receiving notice of representation, and unlawfully utilized an automatic telephone dialing system.

Aytalin seeks trial by jury, actual and statutory damages of $1,500, costs of litigation, attorney' fees, and injunctive relief. He is represented by attorneys Scott J. Sagaria and, Elliot W. Gale of Sagaria Law PC in Roseville.

U.S. District Court for the Eastern District of California case number 18-cv-232

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