Consumer accuses debt collector of violating TCPA

By Jenie Mallari-Torres | Feb 22, 2018

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

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

Eunice Ramirez filed a complaint Feb. 5 in U.S. District Court for the Eastern District of California against Navient Solutions LLC and Does 1-100, alleging violation of TCPA through intrusive and unwanted phone calls.

According to the complaint, Ramirez suffered from abuse and harassment, caused by Navient's barrage of phone calls. The suit says the defendant illegally used an autodialer and prerecorded voice to collect on the plaintiff's alleged debt, despite her repeated requests for the calls to stop and notice of representation by an attorney.  

The plaintiff alleges the defendants have continued to make calls despite Ramirez's explicit demand to stop the improper calls, and unlawfully utilized an automatic telephone dialing system and/or an artificial or prerecorded voice.

Ramirez seeks trial by jury, actual and statutory damages of $1,000 and $1,500, costs of litigation, attorney fees, and injunctive relief. She 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-268

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