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Woman alleges creditor's repeated calls to cell phone violate federal law

By Molly English-Bowers | Jan 12, 2016

BENTON – A Cairo woman is suing over an alleged breach of the federal Telephone Consumer Protection Act by a finance company.

Ruthoni Cornelius filed the suit Dec. 21 in the Benton Division of the Southern District of Illinois against Regions Financial Corporation, based in Birmingham, Ala.

According to the complaint, on Jan. 4, 2008, the Federal Communications Commission ruled that autodialed or prerecorded message calls to a wireless number by a credit company are permitted only if the called party gives prior consent.

However, the plaintiff alleges the defendant has repeatedly called her cell phone without prior consent, sometimes up to five times a day.

She claims the calls by the defendant were allegedly placed using an automatic dialing system and she has since requested that the defendant stop calling her.

Cornelius claims she is being charged by her cellular company for the incoming calls.

She also alleges the defendant's statements and actions caused the plaintiff mental distress.

The plaintiff requests a judgment against the defendant for $500 in statutory damages for each violation

for negligent violations of the act; up to $1,500 for each violation as a result of the defendant's willful and knowing violations of the act; injunctive relief prohibiting such conduct in the future; and any other relief the court deems appropriate. She is represented by Michael S. Agruss of the Agruss Law Firm LLC of Chicago.

Benton Division of the Southern District of Illinois case number 3:15-cv-1390

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