LOS ANGELES – A Penryn consumer alleges a debt collector called him more than 100 times after he requested it to stop calling and contact him only through writing.
Thomas J. Baggaley Jr. filed a complaint on April 27 in the U.S. District Court for the Central District of California against Wells Fargo Bank NA alleging violation of the Telephone Consumer Protection Act and the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that starting January 2017, the defendant began calling him to collect an alleged debt. He alleges on Feb. 20, 2017, he told the defendant's representative to stop calling him and requested further communication only in writing. He alleges the calls continued, sometimes at the rate of four or five a day, despite this request. The suit states he was called by the defendant 107 times between Feb. 20 and Sept. 18, 2017.
The plaintiff holds Wells Fargo Bank NA responsible because the defendant allegedly caused his phone to ring repeatedly in an attempt to coerce him into paying a debt.
The plaintiff requests a trial by jury and seeks judgment against defendant for declaratory relief, statutory damages of $1,000, actual damages, costs, attorneys’ fees, interest, and other relief that the court deems appropriate. He is represented by Brian Brazier of Price Law Group APC in Scottsdale, Arizona.
U.S. District Court for the Central District of California case number 2:18-cv-03605