SACRAMENTO – A debt collector is alleged to have continued to call a woman after she revoked her consent to receive calls.

Maria Aycock filed a complaint on March 7 in the U.S. District Court for the Eastern District of California against LendUp Card Services Inc. and Does 1 through 100 for alleged violation of the Rosenthal Fair Debt Collection Practices Act and Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that in October 2017, she informed defendant that she was revoking her consent, if it was ever previously given, to be called on her telephone regarding an alleged debt. 

Despite sending the letter of representation to defendant, she alleges she continues to receive unwanted calls that are frequent in nature through the use of an automatic dialing machine. 

The plaintiff holds LendUp Card Services Inc. responsible because the defendant allegedly continued to call and attempt to contact her despite receiving notice of representation and being informed she had retained counsel in an effort to deal with the alleged debt.

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. She 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-00497-TLN-DB




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