SAN FRANCISCO – A San Francisco County consumer has filed a class-action lawsuit against a debt collector over allegations it mailed a misleading collection letter.
Tommy Phillips filed a complaint individually and on behalf of all others similarly situated on Sept. 30 in the U.S. District Court for the Northern District of California against Credit Collection Services Inc. alleging violation of the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that he received a collection letter from the defendant that implied of a pending legal action against his alleged debt. However, the defendant had allegedly omitted that the debt is time-barred and therefore the collector cannot sue to collect the purported debt, and providing partial payment would revive the defendant’s ability to sue. As a result of defendant’s conduct, plaintiff and class members have been deprived of accurate and valid information regarding the legal status of time-barred debts, the suit states.
The plaintiff holds Credit Collection Services Inc. responsible because the defendant allegedly failed to disclose that defendant cannot bring legal action against the debtor because the debt is time-barred, failed to disclose that a partial payment to defendant renews its right to sue and failed to disclose that despite the use of the term “settlement” when no legal action was pending.
The plaintiff requests a trial by jury and seeks judgment in his favor, attorneys' fees, costs of suit, interest and further relief as the court deems just. He is represented by Todd M. Friedman and Adrian R. Bacon of Law Offices of Todd M. Friedman in Woodland Hills.
U.S. District Court for the Northern District of California Case number 4:16-cv-05587