Portfolio Recovery Associates (PRA) is the defendant in a class action lawsuit filed in Florida on behalf of consumers who received a non-emergency call to a cell phone from an automatic dialing system, without having given prior consent for such calls during the transaction that resulted in the debt owed.
Turner Law Offices LLC and Arcadier & Associates P.A. filed the action in the U.S. District Court for the Middle District of Florida on behalf of consumers in the state who received such calls since February 18.
According to the complaint, PRA violated the Telephone Consumer Protection Act by using an automatic dialing system and/or an artificial or prerecorded voice to contact cell phone users about purported debts without prior consent. "Miss Harvey," the plaintiff named in the action was repeatedly contacted on her cell phone about a purported credit card debt. She never consented to those calls, nor did she provide PRA with her telephone number, according to the complaint.
Under the TCPA, PRA could be ordered to pay attorneys' fees, litigation expenses and costs of the lawsuit, and statutory damages of $500 for each negligent violation, and/or $1,500 for each knowing and/or willing violation. The potential class members are estimated to number in the tens of thousands, according to the complaint, which also alleges collective damages exceeding $5 million.
PRA officials did not immediately comment on the suit.
