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Plaintiff Seeking $700k in Damages For Receiving 343 Collection Calls After Revoking Consent

A Pennsylvania man has filed a lawsuit alleging he received 343 debt collection calls on his cell phone after he revoked his consent to be contacted, accusing the defendant of willfully violating the Telephone Consumer Protection Act.

A copy of the complaint in Kearney v. Bank of America can be accessed by clicking here. The lawsuit was filed in the District Court for the Middle District of Pennsylvania, Williamsport Division.

The plaintiff said in the complaint that he never provided the defendant with express consent to be contacted on his cell phone, but nonetheless received a call on it from the defendant. After providing his name, Social Security number, and date of birth to identify himself, the plaintiff said he revoked consent for the defendant to contact him on his cell phone. But the defendant continued to call the plaintiff’s cell phone, according to the complaint, and made 343 more calls during an unspecified time period.

The calls were also made using an automated telephone dialing system, according to the complaint.

By accusing the defendant of knowingly and willfully violating the TCPA, the plaintiff is seeking damages of $1,500 per call, or $514,500. The plaintiff is also seeking statutory damages of $500 per call, or an additional $171,500, for a total of nearly $700,000.

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