A plaintiff in Florida has filed a lawsuit alleging a creditor violated the Telephone Consumer Protection Act by using an automatic telephone dialing system to make more than two hundred calls to an individual’s cell phone number in an attempt to collect on a debt without obtaining the proper consent to do so.
A copy of the complaint in the case of Tookenay v. Hotwire Communications, LLC can be accessed by clicking here.
The plaintiff obtained cable and Internet service from the defendant in an apartment he and his wife lived in. The pair moved out of the apartment in January 2016. At some point after the plaintiff moved out of the apartment and canceled his service, the defendant is accused of “erroneously” opening another account in the plaintiff’s name for the same apartment. Starting in January 2018, the defendant attempted to begin collecting on the unpaid bills. The plaintiff alleges he sent documentation to the defendant proving he does not live in the apartment anymore, but the company is still billing him for the service.
The plaintiff alleges he has “repeatedly” answered calls from the defendant and has revoked his right to be contacted, but the defendant has still placed more than 200 calls to his cell phone.
In filing the suit, the plaintiff alleges the defendant violated the TCPA and the Florida Consumer Collection Practices Act by harassing the debtor and by attempting to collect a debt that is not legitimate.