Monterey Financial Services faces proposed class action lawsuit in California over alleged robocalls placed on alleged debt owed to timeshare company Westgate Resorts.
The plaintiff, a resident of Fort Stewart, Georgia, claims in the 15-page case that although he initially ignored the Monterey robocalls when they began in June 2021, supposedly after the man failed in his obligations timeshare contract, he began to feel “harassed” and responded to one such call the following March, at which time he asked that the calls stop.
Despite the request, Monterey Financial Services continued to call the plaintiff about Westgate Resorts’ alleged debt, the suit says.
In the calls that the plaintiff did not answer, according to the case, Monterey left voicemails containing an “artificial and/or pre-recorded voice.” A message, according to the suit, repeatedly listed Monterey’s number:
“Here is Monterey Financial Services with an important message. This is an attempt to collect a debt. Please do not delete this message until you call us at 877-444-9967. Again, that number is 877-444-9967. Thanks.”
According to the complaint, it was clear to the plaintiff that the Monterey collection calls featured fake voice in that every voicemail he received was of “precisely the same duration” and that the voice was “monotone and obviously not the voice of a live representative”. Additionally, the callers never identified themselves by name and none of the voicemails identified the plaintiff by name, the lawsuit states.
Additionally, some of the robocalls made by Monterey did not reveal that the company was a debt collector attempting to collect a debt, a requirement of the federal Fair Debt Collection Practices Act, as the case may be.
“In total,” the lawsuit states, “Defendant made no less than fifteen (15) robocalls to Plaintiff’s cell phone after The plaintiff asked the defendant to discontinue his appeals. »
The allegedly harassing robocalls invaded the plaintiff’s privacy and caused “real harm,” according to the suit.
The case seems to represent:
“All persons in the United States (1) to whom Defendant or a third party acting on Defendant’s behalf has made or caused to be made a call; (2) directed to a number assigned to a cellular telephone service; (3) using an artificial or pre-recorded voice; (4) without his consent; (5) within four years from the date of this complaint to the date of class certification. »
The lawsuit also aims to cover:
“All persons in the United States (1) who received a voicemail from Defendant; (2) within the year (1) before this complaint was filed and while it is pending; (3) in connection with the collection of a consumer debt; (d) in which the defendant has not identified himself as a debt collector attempting to collect a debt.”
The case alleges that Monterey Financial Services violated the federal Telephone Consumer Protection Act (TCPA) by repeatedly placing automated robocalls to the plaintiff without first obtaining express written consent to do so.
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