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NORTHERN CALIFORNIA RECORD

Tuesday, April 16, 2024

Butte County couple accuse debt collector of FDCPA violations

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SACRAMENTO — A Butte County couple has filed a class action lawsuit against a debt collector, alleging misrepresentation and violating the Fair Debit Collection Practices Act.

Nicolette and Andrew Barbitta of Chico filed a complaint, individually and on behalf of all others similarly situated, Aug. 22 in U.S. District Court for the Eastern District of California against K.B.R Inc., alleging that the debt collector sent a collection letter to the plaintiffs that does not convey the identity of the creditor.

According to the complaint, the Barbittas suffered damages from receiving a collection letter that does not indicate the name of the actual creditor. The plaintiffs allege K.B.R sent a collection letter to them identifying Enloe Medical Center RC as the "service provider" but not the creditor.

The Barbittas seek trial by jury, statutory damages of $1,000, actual damages, legal fees, interest and all other relief the court deems just. They are represented by attorneys Ellio Rosenberger amd Joshua Biletsky of Biletsky Rosenberger in Los Angeles.

U.S. District Court for the Eastern District of California case number 2:17-cv-01753-WBS-CMK

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