Loan customer accuses bank of violating TCPA

By Jenie Mallari-Torres | Mar 13, 2018

SACRAMENTO — A loan customer is suing a bank, alleging violation of the Telephone Consumer Protection Act (TCPA).

SACRAMENTO — A loan customer is suing a bank, alleging violation of the Telephone Consumer Protection Act (TCPA).

William Sardin filed a complaint Feb. 28 in U.S. District Court for the Eastern District of California Sacramento Division against First National Bank of Omaha and Does 1-100, alleging intrusive and unwanted phone calls that violate the TCPA.

According to the complaint, in 2013, Sardin took out an unsecured loan with the defendants. Starting in October 2017, Sardin says he has suffered from abuse and harassment, stress and anxiety, including invasion of privacy, caused by First National's barrage of calls in an attempt to collect on the plaintiff's alleged debt. Moreover, the suit says, the calls were illegally made by unlawful utilization of an automatic telephone dialing system or a prerecorded voice. 

The plaintiff alleges the defendants have continued to call despite Sardin's explicit demand to stop the improper calls. 

Sardin seeks trial by jury, actual and statutory damages of between $1,000 and $1,500 per violation, costs of litigation, attorney fees and injunctive relief. He 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-449

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