SACRAMENTO – A consumer claims a debt collector continued to contact him dispute knowing he was represented by counsel.
William Fecher filed a complaint on March 5 in the U.S. District Court for the Eastern District of California Sacramento Division against Cavalry Portfolio Services LLC and Does 1-100 alleging violation of the Rosenthal Fair Debt Collection Practices Act, the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that Cavalry began contacting him in August 2017 to collect on an alleged debt. He alleges his counsel contacted the defendant in October 2017 to revoke his consent to receive calls, but the defendant continued to call.
The plaintiff holds Cavalry Portfolio Services LLC and Does 1-100 responsible because the defendants allegedly continued to contact plaintiff despite being notified that plaintiff was represented by counsel and unlawfully utilized an automatic telephone dialing system.
The plaintiff requests a trial by jury and seeks judgment against defendants, award of actual and statutory damages, costs of litigation, attorneys' fees and injunctive relief. He 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-00476