SAN DIEGO – A woman alleges a debt collector unlawfully visited her residence in an attempt to collect a debt.
Margaret McKenna filed a complaint on Dec. 20 in the U.S. District Court for the Southern District of California against Executive Financial Co. 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 in April 2016, she started receiving calls from the defendant in its attempt to collect an alleged debt. She alleges the defendant engaged in unfair practices, including communicating with plaintiff at an inconvenient time and place and appearing at her residence uninvited and leaving unsolicited "personal delivery mail." She claims the defendant's alleged actions caused her to suffer mental anguish by way of embarrassment, shame, anxiety, fear and feelings of despair.
The plaintiff holds Executive Financial Co. responsible because the defendant allegedly contacted plaintiff with intent to annoy, abuse, oppress or harass, failed to provide plaintiff with a written debt validation notice, and failed to protect plaintiff's rights by appearing at her residence uninvited.
The plaintiff requests a trial by jury and seeks judgment against defendant, actual, statutory and punitive damages, costs of litigation, attorney's fees, and other relief that the court deems just. She is represented by Joshua B. Swigart and Yana A. Hart of Hyde & Swigart in San Diego and Daniel G. Shay of the Law Office of Daniel G. Shay in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-03061