By Kim Gale  |  August 8, 2017

Category: Consumer News

TCPA unwanted phone call robocall autodialerA CMRE Financial Services robocall lawsuit has been filed in California.

Plaintiff Desiree Kellison says the company acted in violation of the Telephone Consumer Protection Act and of California’s Fair Debt Collection Practices Act, also known as the Rosenthal Act.

Desiree says she was harassed by CMRE, which was attempting to collect consumer debt from her by using an automatic telephone dialing system to her cell phone.

According to the CMRE Financial Services robocall lawsuit, CMRE “attempted to collect an amount in excess of what was legally owed, increasing the outstanding balance with interest in excess of what is legally permissible.”

Desiree used her cell phone for both personal and business interactions. She alleges she incurred charges from her cell service provider when she took the unwanted calls from CMRE.

CMRE Financial Services Robocall Lawsuit Alleges Harassment

Desiree says her mother became very ill in 2014. At that time, Desiree “begged” CMRE to stop calling her due to the extra emotional toll the calls were taking on her.

Not only did the calls continue, but also CMRE started calling Desiree’s family members and her work phone number at the hair salon where she worked – all by using the automated dialing system, she claims.

Desiree says she continued to be contacted “multiple times during each week and often multiple times within one day.”

Desiree even spoke with a CMRE phone representative and cried because her mother was near death and said she would pay as soon as she could afford to make pay.

The CMRE Financial Services robocall lawsuit alleges the “excessive calling caused (Desiree) to suffer financial harm, as she continuously lost clients who were bothered by the constant, annoying calls.”

Because of the stress and anxiety, Desiree was prescribed Xanax. She also had to change her cell phone number and had to find work at a different hair salon.

CMRE “continued to attempt to collect monies it was not entitled to collect upon, threatened to take action it was not legally entitled to take, and report wrong information” on Desiree’s credit reports.

Desiree’s mother passed away in May 2015. By May 2016, her TransUnion Credit Report listed nine accounts in collections, dating as old as April 2011.

Desiree was prescribed Zoloft to treat depression in the fall of 2016.

“Constantly stressed and anxious,” Desiree contacted an attorney that “disputed the alleged debt, requested validation, and demanded all derogatory marks be removed” from her credit reports immediately.

Even though no response was forthcoming, it wasn’t long before all of the accounts in collections were removed from her credit reports.

The CMRE Financial Services robocall lawsuit says Desiree’s mental anguish and lost clientele are irreversible repercussions of the alleged harassment.

CMRE allegedly contacted her at least 100 times after being asked not to do so because of her “dwindling mental state.”

The CMRE Financial Services Robocall Lawsuit is Case No. 5:17-cv-01408-ODW-KK in the Superior Court of the State of California for the County of San Bernardino, San Bernardino Justice Center – Civil Division.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

Get a Free Case Evaluation Now

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.