SAN DIEGO – A San Diego woman is suing a debt collector over allegations it invaded her privacy.
Cecily Thorton-Stearns filed a complaint on Oct. 3 in the U.S. District Court for the Southern District of California against American Capital Enterprises Inc. alleging violation of the Fair Debt Collection Practices Act and the Rosethal Fair Debt Collection Practices Act, negligence and invasion of privacy.
According to the complaint, the plaintiff alleges that she received frequent calls from the defendant to collect an alleged debt. She alleges she told the defendant both orally, on March 28, 2012, and in writing on Dec. 12, 2012, to refrain from contacting her via telephone, email or fax, but despite her demands, defendant continued to place multiple telephone calls that invaded plaintiff's privacy and caused her to suffer from anxiety, humiliation, embarrassment, loss of sleep, worry and feelings of despair.
The plaintiff holds American Capital Enterprises Inc. responsible because the defendant allegedly contacted plaintiff with such frequency meant to harass and abuse and did not provide documentation explaining the creation of the alleged debt.
The plaintiff requests a trial by jury and seeks judgment against defendant, actual and statutory damages, costs of litigation, attorney's fees and other relief that the court deems just. She is represented by Yana Loboda of Law Office of Yana A. Loboda in San Diego and Macyh Nawaey of SD Lawyer in San Diego.
U.S. District Court for the
District of California Case number 3:16-cv-02479