SAN DIEGO – An Oceanside consumer alleges a debt collection letter was incorrectly mailed to his mother's address in Florida.
Dylan Thorington filed a complaint on Dec. 9 in the U.S. District Court for the Southern District of California against Security National Automotive Acceptance Co. LLC and Prober & Raphael
citing the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on May 13, 2015, he signed a sale contract to purchase a vehicle, but before September 23, 2015, defendant SNAAC repossessed the vehicle when he fell behind in the payments owed. He alleges the defendant mailed a dunning letter to plaintiff at his mother’s address in Florida, despite being provided with the current address of plaintiff. He alleges he never provided his mother's address to the defendants
The plaintiff holds Security National Automotive Acceptance Co. LLC and Prober & Raphael responsible because the defendants allegedly intended to send letter to the address in Florida so that he would not be aware of his right to reinstate or redeem the contract, and intentionally sent a letter to an address that was never provided to them.
The plaintiff requests a trial by jury and seeks judgment against defendants, statutory and actual damages, costs of litigation and attorney’s fees. He is represented by Jessica R. K. Dorman and Robert L. Hyde of Hyde & Swigart in San Diego.
U.S. District Court for the
District of California Case number 3:16-cv-02996