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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

 

Amir Preisler

Plaintiff,

DEMAND FOR JURY TRIAL

C.A. No.: 0:20-cv-61365

-v.-

Regions Bank

Defendant. 

COMPLAINT

Plaintiff Amir Preisler ("Plaintiff") by and through his attorneys, and as and for his

Complaint against Defendant Regions Bank (“Regions”) respectfully sets forth, complains and 

alleges, upon information and belief, the following: 

INTRODUCTION/PRELIMINARY STATEMENT

1. Plaintiff brings this action for damages and declaratory and injunctive relief arising 

from Defendant's violations of Section 227 et.seq. of Title 47 of the United States Code, 

commonly referred to as the Telephone Consumer Protection Act (''TCPA'').

PARTIES

2. Plaintiff is a resident of the State of Florida, County of Broward, residing at 215 SE 

8th ave, Fort Lauderdale, FL, 33301.

3. Defendant Regions Bank is a corporation with an address for service in Florida, c/o 

Corporation Service Company, 1201 Hays Street, Tallahassee, FL, 32301.

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JURISDICTION AND VENUE

4. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331, as well as 

15 U.S.C. § 1692 et. seq. and 28 U.S.C. § 2201. If applicable, the Court also has pendant 

jurisdiction over the State law claims in this action pursuant to 28 U.S.C. § 1367(a).

5. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(2).

FACTUAL ALLEGATIONS

6. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as 

though fully state herein with the same force and effect as if the same were set forth at length 

herein.

7. Sometime prior to March 2019, an obligation was allegedly incurred with Regions

by the Plaintiff.

8. On information and belief, on a date better known to Defendant Regions, Defendant

Regions began calling Plaintiff’s cellular telephone (ending in 5978), using an automatic 

telephone dialing system (“ATDS” or “predictive dialer”) and/or using an artificial or 

prerecorded voice.

9. Defendant Regions placed calls to Plaintiff’s cell phone in the manner described 

previously. 

10. On or around March 22, 2019 Plaintiff told Defendant Regions not to contact him on 

his cellphone and revoked any consent the Defendant Regions may have previously had to call 

the Plaintiff in this manner.

11. Once Defendant Regions was aware that its calls were unwanted, its continued calls 

could have served no purpose other than harassment.

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12. Defendant Regions ignored Plaintiff’s prior revocation and continued to call his

cellular telephone number on a consistent basis.

13. These calls from Defendant Regions to Plaintiff was a collection communication in 

violation of numerous and multiple provisions of the TCPA, including but not limited to 47 

U.S.C. § 227 (b)(1)(A) and 47 U.S.C. § 227(c)(5)(B). 

14. As a result of Defendants unfair practices, Plaintiff has been damaged.

FIRST CAUSE OF ACTION

(VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT)

15. Plaintiff repeats, reiterates and incorporates the allegations contained in all of the 

paragraphs of this Complaint with the same force and effect as if the same were set forth at 

length herein.

16. The TCPA prohibits a person from making any non-emergency call using any 

automatic telephone dialing system or an artificial or prerecorded voice to any telephone phone 

number assigned to a cellular telephone service. 47 U.S.C. § 227 (b), See 47 CFR 64.1200 (a)(1). 

17. Defendant used an automatic telephone dialing system when it called Plaintiff’s 

cellular telephone in violation of 47 U.S.C. § 227 (b)(1)(A), 47 CFR 64.1200 (a)(1).

18. Defendant used an artificial or prerecorded voice when it called Plaintiff’s cellular 

telephone in violation of 47 U.S.C. § 227 (b)(1)(A).

19. Defendant willfully or knowingly violated the TCPA, 47 U.S.C. § 227, entitling 

Plaintiff to three times the damages available under 47 U.S.C. § 227(c)(5)(B).

DEMAND FOR TRIAL BY JURY

20. Plaintiff demands and hereby respectfully requests a trial by jury for all claims and 

issues this complaint to which Plaintiff is or may be entitled to a jury trial.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff Daniel Cohen demands judgment from Defendant Regions Bank as 

follows:

a) For actual damages provided and pursuant to 47 U.S.C. § 227(b)(3);

b) For statutory damages provided and pursuant to 47 U.S.C. § 227(b)(3);

c) For attorney fees and costs provided and pursuant to 47 U.S.C. § 227(b)(3); 

d) A declaration that the Defendant’s practices violated the TCPA; and

e) For any such other and further relief, as well as further costs, expenses and 

disbursements of this action as this Court may deem just and proper. 

Dated: July 7, 2020 Respectfully Submitted,

ZEIG LAW FIRM, LLC

/s/ Justin Zeig

Justin Zeig, Esq.

3475 Sheridan Street, Ste 310

Hollywood, FL 33021

Phone: (754) 217-3084

Fax: (954) 272-7807

Justin@zeiglawfirm.com

Attorney for Plaintiff 

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