Consumer accuses debt collector of violating TCPA

By Jenie Mallari-Torres | Mar 1, 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).

Dalea Milligan filed a complaint Feb. 23 in U.S. District Court for the Eastern District of California against Allied Cash Advance California LLC and Does 1-100, alleging they violated the TCPA through intrusive and unwanted calls.

According to the complaint, Milligan has suffered and will continue to suffer from harm and injury after receiving numerous phone calls from the defendants, while utilizing an automatic telephone dialing system and/or an artificial or prerecorded voice. The calls continued despite Milligan's repeated demands for the defendants to stop calling about an alleged debt. 

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

Milligan seeks trial by jury, actual and statutory damages of $1,000 or $1,500 for each 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 case number 18-at-219

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