SAN DIEGO — A San Diego woman is suing Square Two Financial Services Corp. d/b/a Fresh View Solutions and CACH LLC, debt collector, citing alleged violations of the Fair Debt Collection Practices Act or FDCPA.

Marcia Depew filed a complaint on Dec. 9, in the U.S. District Court for the Southern District of California against the defendants alleging that they violated FDCPA through abusive, deceptive and unfair debt collection practices.

According to the complaint, the plaintiff alleges that in July, she incurred certain financial obligations to Prosper Funding and was transferred to the defendants for collection, which immediately sent out an initial communication with plaintiff without being given any express permission and directly to plaintiff despite her previous notification to contact her lawyer instead. As a result, plaintiff has suffered actual damages, including stress, anxiety, sleeplessness, nervousness, restlessness, irritability, frustration and anger. The plaintiff holds Square Two Financial Services Corp. d/b/a Fresh View Solutions and CACH LLC responsible because the defendants allegedly communicated with the consumer in connection with the collection of a debt when it should have known that the consumer was represented by an attorney.

The plaintiff requests a trial by jury and seeks judgment against defendant, actual damages, statutory damages of $1,000, costs of litigation and attorney’s fees. She is represented by Jessica R. K. Dorman and Robert L. Hyde of Hyde & Swigart in San Diego.

U.S. District Court for the Southern District of California Case number 16-cv-02994

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U.S. District Court for the Southern District of California

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