SACRAMENTO — A California woman is suing Capital One, alleging violation of the Rosenthal Fair Debt Collection Practices, and violation of the Telephone Consumer Protection Act (TCPA).
Vanessa Tirado filed a complaint March 1 in U.S. District Court for the Eastern District of California Sacramento Division against Capital One NA and Does 1-100, alleging they violated the TCPA through intrusive and unwanted calls.
According to the complaint, in December 2017, Tirado suffered abuse and harassment, including stress, anxiety, and embarrassment, caused by Capital One's barrage of phone calls using an auto dialer and a prerecorded voice to collect on the plaintiff's alleged debt and despite her repeated requests for the calls to stop.
The plaintiff alleges the defendants called and left messages with such frequency that were meant to abuse or harass, contacted Tirado without express consent and invaded her rights to privacy and seclusion.
Tirado seeks trial by jury, actual damages, statutory damages between $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, California.
U.S. District Court for the Eastern District of California Sacramento Division case number 18-cv-459