The calls came in almost daily sometimes 3 times a day according to Bob Yaksetic. He says the constant ringing only compounded his grief.
Yaksetic laid his mom to rest in June of last year. He says Capitol One started calling a month later. But this Zephyrhills resident says he doesn't owe Capitol One any money.
In his federal lawsuit filed earlier this year Yaksetic accused the bank of calling his cell phone over 300 times.
Attorney Billy Howard with the Consumer Protection Firm says Capitol One broke federal and state law by robo dialing Yaksetic’s cell phone over his diseased mother's credit card bill.
In general, every illegal robocall can be worth between $500 and $1,500. Only if the company did not have permission to use that number and in this case the suit claims Capitol One never had consent.
Yaksetic says he called the company and notified them of his mother’s passing and when that didn't work he mailed them a copy of her death certificate.
We sent a copy of this suit to Capitol One's corporate offices. They refuse to comment on pending litigation. Meanwhile Yaksetic’s attorney says he plans to take the case to trial.