LOS ANGELES (Legal Newsline) – An Anaheim, California resident alleges a direct lending bank keeps calling him to offer loans despite his request to stop the calls.
Mariano Benitez, individually and on behalf of all others similarly situated, filed a complaint on Jan. 21 in the U.S. District Court for the Central District of California against Powerline Funding LLC over alleged violation of the Telephone Consumer Protection Act.
According to the complaint, in October 2017, Benitez began receiving prerecorded as well as autodialed telemarketing calls on his cellphone from the defendant offering financial loans. He alleges he did not give the defendant his consent to call him and told an agent of the defendant to place his number on its do-not-call list. He alleges the defendant continues to call him despite this request.
The plaintiff holds Powerline Funding LLC responsible because the defendant allegedly made unsolicited and unwanted autodialed and pre-recorded telemarketing calls to his cellular telephone number without his prior express written consent in violation of the TCPA.
The plaintiff requests a trial by jury and seeks judgment for actual monetary loss of $500 for each violation, declaratory judgment, injunction, attorneys' fees, costs and such other and further relief that the court deems reasonable and just. He is represented by Aaron D. Aftergood of The Aftergood Law Firm in Los Angeles, California.
U.S. District Court for the Central District of California case number 8:19-cv-00098-JLS-DFM