SAN DIEGO – A San Diego County man alleges a debt collector did not remove a settled account from his credit report as agreed upon.
Justin Haskell filed a complaint on Nov. 14 in the U.S. District Court for the Southern District of California against Collection Consultants of California alleging violation of the Fair Debt Collection Practices Act, the Rosenthal Fair Debt Collections Practice Act and the Credit Repair Organizations Act.
According to the complaint, the plaintiff received medical treatment
between 2011 and 2013
but allegedly failed to pay expenses, and the account was transferred to the defendant for collection. In 2016, the suit states both parties entered into an agreement in which plaintiff promised to pay principal amount of $1,760.82 to satisfy debt in full and for the defendant to instruct credit bureaus to delete all credit reporting pertaining to plaintiff’s account. The plaintiff alleges the defendant failed to fulfill its part of the agreement, which caused plaintiff to suffer from worry, emotional distress, anxiety and humiliation. He also alleges that the defendant withdrew 82 cents more than what as agreed upon to settle the alleged debt from his bank account.
The plaintiff holds Collection Consultants of California responsible because the defendant allegedly failed to delete the negative account from plaintiff's credit report and deceived plaintiff into believing that it would fulfill its part of the agreement.
The plaintiff requests a trial by jury and seeks actual and statutory damages, interest, attorneys' fees, costs of suit and further relief as the court may deem proper. He is represented by Alex Asil Mashiri of Mashiri Law Firm in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02796