HOUSTON — A consumer is suing Capital One Financial Corp., alleging invasion of privacy and telephone harassment.
Lisa Fernandez filed a complaint on Sept. 29 in the Houston Division of the Southern District of Texas against Capital One, alleging that the financial services company violated the Telephone Consumer Protection Act and the Texas Debt Collection Act.
According to the complaint, the plaintiff alleges that in late 2016 through the summer of 2017, she continuously received calls from the defendant seeking to collect on an automobile loan owed by someone named Jesus. As a result of the defendant's actions, she has suffered invasion of privacy, emotional distress and loss of cellular phone capacity, usage and services. The plaintiff holds Capital One responsible because the defendant allegedly continued to make calls using an automatic telephone dialing system multiple times per day and even after being notified that it was calling the wrong person and to stop calling her.
The plaintiff requests a trial by jury and seeks damages of at least $500 per phone call and treble damages, costs and attorney fees and all other relief as the court deems appropriate. She is represented by Nathan C. Volheim and Taxiarchis Hatzidimitriadis of Sulaiman Law Group Ltd. in Lombard, Ill.
Houston Division of the Southern District of Texas Case number 4:17-cv-02921