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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

KARA JO AIKENS,

Plaintiff,

v.

SYNCHRONY FINANCIAL d/b/a 

Synchrony Bank f/k/a GE Capital Retail 

Bank, 

Defendant.

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Case No.: 1:15-cv-10058

District Judge Thomas L. Ludington

Magistrate Judge Patricia T. Morris

AMENDED COMPLAINT

NOW COMES Plaintiff, KARA JO AIKENS (“Plaintiff”), through her attorneys, 

KROHN & MOSS, LTD., and hereby alleges the following against Defendant, SYNCHRONY 

FINANCIAL d/b/a Synchrony Bank f/k/a GE Capital Retail Bank (“Defendant”):

INTRODUCTION

1. Plaintiff’s Amended Complaint is based on the Telephone Consumer Protection 

Act (“TCPA”), 47 U.S.C. § 227 et seq.

JURISDICTION and VENUE

2. Jurisdiction of this court arises pursuant to 28 U.S.C. § 1331 and 47 U.S.C. § 

227.

3. Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) as the conduct giving rise to 

this action occurred in this district as Plaintiff resides in this district and Defendant transacts 

business in this district”

PARTIES

4. Plaintiff is a natural person residing in Twining, Michigan, Arenac County.

5. Defendant is a business entity with an office located at 777 Long Ridge Rd., 

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Stamford, CT, 06902.

6. Defendant acted through its agents, employees, officers, members, directors, 

heirs, successors, assigns, principals, trustees, sureties, subrogees, representatives, and insurers.

FACTUAL ALLEGATIONS

7. In 2014, Defendant began placing telephone calls to (989) 414-98xx, Plaintiff’s 

cellular telephone.

8. Defendant used phone number (937) 534-2092 to call Plaintiff.

9. Upon information and good faith belief, based on the frequency, number, nature 

and character of these calls, Defendant used an automatic telephone dialing system or other 

equipment capable of storing and/or producing telephone numbers (“auto dialer”) to call 

Plaintiff.

10. Defendant called Plaintiff’s cell phone attempting to reach an individual named 

Sam.

11. When Plaintiff answered Defendant’s phone calls, she experienced a delay before 

a voice recording or live human voice came on the line.

12. During numerous phone calls Plaintiff only heard a recording of a human voice 

after the delay. Plaintiff did not speak to a live human during these particular calls.

13. During the phone calls where Plaintiff did speak to a live human, that caller only 

came on the line after a delay of a few seconds.

14. These calls were for non-emergency purposes.

15. Plaintiff does not have any business relationship with Defendant.

16. Plaintiff never provided Defendant with her cell phone number.

17. Defendant did not have Plaintiff’s express consent to use an auto dialer to call her

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cell phone.

18. Plaintiff informed Defendant that she is not the individual Defendant was 

attempting to call.

19. Defendant continued to use an auto dialer to call Plaintiff’s cell phone.

20. Since October 29, 2014, Defendant used an auto dialer to call Plaintiff’s cell 

phone at least one hundred one (101) times.

21. Defendant did not have Plaintiff’s express consent to use an auto dialer to place 

these calls to Plaintiff’s cell phone.

22. Defendant intended to use an auto dialer to place these calls.

23. Defendant voluntarily and willfully placed these calls.

COUNT I

DEFENDANT VIOLATED THE TELEPHONE CONSUMER PROTECTION ACT

24. Defendant’s actions alleged supra constitute numerous negligent violations of the 

TCPA, entitling Plaintiff to an award of $500.00 in statutory damages for each and every 

violation pursuant to 47 U.S.C. § 227(b)(3)(B).

25. Defendant’s actions alleged supra constitute numerous and multiple knowing 

and/or willful violates of the TCPA, entitling Plaintiff to an award of $1500.00 in statutory 

damages for each and every violation pursuant to 47 U.S.C. § 227(b)(3)(B) and 47 U.S.C. § 

227(b)(3)(C).

WHEREFORE, Plaintiff, KARA JO AIKENS, respectfully requests judgment be entered 

against Defendant, SYNCHRONY FINANCIAL d/b/a Synchrony Bank f/k/a GE Capital Retail 

Bank, for the following

26. Statutory damages of $500.00 for each and every negligent violation of the 

TCPA pursuant to 47 U.S.C. § (b)(3)(B);

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27. Statutory damages of $1500.00 for each and every knowing and/or willful 

violation of the TCPA pursuant to 47 U.S.C. § (b)(3)(b) and 47 U.S.C. § (b)(3)(C);

28. All court costs, witness fees and other fees incurred;

29. Any other relief that this Honorable Court deems appropriate.

Dated: September 2, 2015 KROHN & MOSS, LTD.

/s/ Ryan Lee

Ryan Lee

Krohn & Moss, Ltd.

10474 Santa Monica Blvd, Suite 405

Los Angeles, CA 90025

Telephone: 323-988-2400 x. 241

Telefax: 866-861-1390

rlee@consumerlawcenter.com

Attorney for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on September 2, 2015, I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF and served all counsels of record via transmission of 

Notices of Electronic Filing generated by CM/ECF.

By: /s/ Ryan Lee

Ryan Lee

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