Debtor accuses bank of violating TCPA

By Jenie Mallari-Torres | Feb 28, 2018

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

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

Deborah Sommer filed a complaint Feb. 20 in U.S. District Court for the Eastern District of California Sacramento Division against First National Bank of Omaha and Does 1-100, alleging they violated the TCPA through intrusive and unwanted calls.

According to the complaint, Sommer has suffered from abuse and harassment, stress and anxiety, including invasion of privacy and intrusion on her seclusion, due to the defendants' barrage of phone calls in an attempt to collect an alleged debt, while unlawfully utilizing an automatic telephone dialing system. 

The plaintiff alleges the defendants called and left messages to Sommer with such frequency that it was meant to abuse or harass, contacted the plaintiff without her express consent and invaded her rights to privacy and seclusion.

Sommer seeks trial by jury, actual and statutory damages of $1,000 per violation and $1,500 per violation, 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, California.

U.S. District Court for the Eastern District of California Sacramento Division case number 18-cv-394

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