SAN DIEGO – An Orange County individual alleges a finance company has invaded his privacy with its calls.
Sean Hartranft, on behalf of himself and on behalf of a class of all others persons similarly situated, filed a complaint on June 6 in the U.S. District Court for the Southern District of California against Encore Capital Group Inc. and Does 1 through 100 over alleged violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that between Sept. 19 and Oct. 2, 2017, he received 24 unwanted autodialed calls from the defendants. He alleges he did not provide them with his prior express consent nor written consent to receive calls to his cellular telephone.
The plaintiff holds Encore Capital Group Inc. and Does 1 through 100 responsible because the defendant allegedly initiated telephonic communications to the public for nonemergency purposes without the prior express consent of the called parties.
The plaintiff requests a trial by jury and seeks judgment for statutory damages of $500 up to $1,500 for each and every violation, injunctive relief, award of attorneys' fees, costs of suit, and such further relief as the court may deem just and proper. He is represented by Richard E. Quintilone and George A. Aloupas of Quintilone & Associates in Lake Forest.
U.S. District Court for the Southern District of California case number 3:18-cv-01187-BEN-RBB