Plaintiff Alleges Lender Phoned Him More Than 25 Times After Being Told to Stop
Nationwide lender Speedy Cash engaged in “abusive and outrageous conduct” in connection with its debt collection activity, contacting Joshua Padilla more than 25 times using an automated or prerecorded voice “after receiving notice of attorney representation,” alleged Padilla’s Telephone Consumer…
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Protection Act complaint Wednesday (docket 2:24-cv-04959) in U.S. District Court for Central California. The California resident’s complaint also alleges violations of California’s Rosenthal Fair Debt Collection Practices Act. The TCPA was designed to prevent calls like those that Speedy placed to Padilla, said the complaint: “By enacting the TCPA, Congress intended to give consumers a choice as to how corporate entities may contact them and to prevent the nuisance associated with automated or prerecorded calls.” Padilla took out a loan from Speedy in September, primarily for personal, family or household purposes, said the complaint. He eventually became financially unable to repay the loan in full, and subsequently retained counsel to assist in dealing with Speedy’s account “and to seek some type of financial relief,” it said. The plaintiff’s counsel sent Speedy a letter in October confirming representation and informing Speedy that it was to no longer contact Padilla directly, it said. The letter also informed Speedy that Padilla was withdrawing his consent to be contacted on his cellphone, it said. Speedy nevertheless “continued to call and otherwise contact” Padilla, it said. The calls were “frequent in nature,” it said.