LOS ANGELES – A Los Angeles County consumer alleges that a bank has contacted him more than 100 times since he asked it to stop.
Benjamin Jones filed a complaint on June 5 in the U.S. District Court for the Central District of California against Capital One Bank USA NA alleging that the Virginia corporation violated the Telephone Consumer Protection Act and California’s Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that he has received collection calls from the defendant in an attempt to collect an alleged debt. He alleges on Nov. 6, 2017, he told the defendant to stop contacting him, but since then the defendant has called him 190 times through the use of an automatic telephone dialing system.
The plaintiff holds Capital One Bank USA NA responsible because the defendant allegedly contacted him without his prior express consent.
The plaintiff requests a trial by jury and seeks statutory damages of $95,000 for negligent violations and $285,000 for willful violations of TCPA, actual and compensatory damages, attorneys’ fees, costs and such other appropriate relief. He is represented by Alyson J. Dykes of The Law Offices of Jeffrey Lohman PC in Corona.
U.S. District Court for the Central District of California case number 2:18-cv-04988-RSWL-AS