Consumer claims Citibank continued to call after she revoked consent to be contacted

By Jenie Mallari-Torres | Mar 20, 2018

SACRAMENTO – A consumer alleges she revoked her consent to be contacted regarding an alleged debt and the debt collector continued to call.

Sandra Esparza filed a complaint on Feb. 22 in the U.S. District Court for the Eastern District of California, Sacramento Division against Citibank National Association and Does 1-100 alleging violation of the Telephone Consumer Protection Act and the Rosenthal Fair Debt Collection Practices Act.

According to the complaint, the plaintiff alleges that Citibank began calling her regarding an alleged debt and her counsel sent it a letter revoking her consent to be called in January. She alleges the defendant continued to call her cellphone despite this letter and used an automatic dialing machine to place the calls.

The plaintiff holds Citibank National Association and Does 1-100 responsible because the defendants allegedly continued to make calls despite plaintiff's explicit demand to stop the improper calls, and unlawfully utilized an automatic telephone dialing system and/or an artificial or pre-recorded voice.

The plaintiff requests a trial by jury and seeks judgment against defendants for award of actual and statutory damages, costs of litigation, attorneys' fees, and injunctive relief. She is represented by Scott J. Sagaria, Elliot W. Gale, Joe B. Angelo and Scott M. Johnson of Sagaria Law PC in Roseville.

U.S. District Court for the Eastern District of California, Sacramento Division case number 2:18-cv-403

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