SACRAMENTO – A consumer claims a debt collector continued to contact him after he informed it that he revoked his consent to receive calls.
Brian Dobbins filed a complaint on March 6 in the U.S. District Court for the Eastern District of California against Cash Net USA, doing business as CNU of California LLC, and Does 1 through 100 for alleged violation of the Rosenthal Fair Debt Collection Practices Act and the Telephone Consumer Protection Act.
According to the complaint, Dobbins alleges that in October 2017, he informed defendant that he was revoking his consent to be called on his telephone over his alleged debt and had retained counsel to assist in dealing with his financial situation. Despite receiving his letter of representation and revocation, the plaintiff alleges he continues to receive numerous calls from defendant using an automatic dialing system.
The plaintiff holds Cash Net USA and Does 1 through 100 responsible because the defendant allegedly continued to call despite receiving notice of representation and being informed that he had retained counsel in an effort to deal with the debt that was owed to them.
The plaintiff requests a trial by jury and seeks judgment for actual and statutory damages, costs of litigation, attorney's fees and injunctive relief prohibiting such conduct in the future. 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 case number 2:18-cv-00493-WBS-AC