SAN DIEGO – A Chula Vista resident alleges she has received 40 collection calls from a debt collector after she revoked her consent to be contacted.
Moneth de la Cruz filed a complaint on May 1 in the U.S. District Court for the Southern District of California against Capital One Bank (USA) N.A. over alleged violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that she received calls from the defendant to her cellular telephone in its attempt to collect on alleged debt. She claims after speaking to defendant's representative and requesting that it cease calling her cellular phone in August 2017, the defendant continued to place collection calls using an automatic telephone dialing system.
The plaintiff holds Capital One Bank (USA) N.A. responsible because the defendant allegedly called her without her consent.
The plaintiff requests a trial by jury and seeks statutory damages of $1,000, plus costs, reasonable attorneys' fees, and actual damages and compensatory damages according to proof at time of trial. She is represented by Alyson Dykes of The Law Offices of Jeffrey Lohman PC in Corona.
U.S. District Court for the Southern District of California case number 3:18-cv-00836-AJB-WVG