SACRAMENTO – A consumer alleges that a debt collector unlawfully continued to contact him after his counsel sent a letter of representation.

Fredrick Walker filed a complaint on March 30 in the U.S. District Court for the Eastern District of California against Bank of America, National Association and Does 1 through 100 over alleged violation of the Rosenthal Fair Debt Collection Practices Act and the Telephone Consumer Protection Act.

According to the complaint, the defendant began contacting the plaintiff in November 2017 regarding a loan allegedly in default. He alleges the following month, his counsel mailed the defendant a letter confirming representation and told the defendant to stop contacting the plaintiff. He alleges the defendant continued to call him.

The plaintiff holds Bank of America, National Association and Does 1 through 100 responsible because the defendant allegedly continued to call despite receiving the notice.

The plaintiff requests a trial by jury and seeks award for actual and statutory damages 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-00702-JAM-GGH




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