SACRAMENTO – A consumer claims a debt collector unlawfully continued to contact her after she informed it she was represented by counsel.
Jeanette Albro filed a complaint on April 10 in the U.S. District Court for the Eastern District of California against Bank of America NA and Does 1-100 alleging violation of the Rosenthal Fair Debt Collection Practices Act and the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that starting December 2017, the defendant began calling her in an attempt to collect an alleged debt. She alleges she retained counsel and her counsel sent the defendant a letter instructing it to no longer contact the plaintiff directly in February.
The plaintiff holds Bank of America NA and Does 1-100 responsible because the defendants allegedly used an artificial or pre-recorded voice to deliver the collection messages without plaintiff’s prior express consent and continued to call and attempt to make contact with plaintiff despite receiving notice of representation.
The plaintiff requests a trial by jury and seeks judgment against defendants, award of actual and statutory damages, costs of litigation, attorney’s fees and injunctive relief. 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-866