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NORTHERN CALIFORNIA RECORD

Friday, March 29, 2024

2 consumers accuse debt collector of unfair practices

SAN DIEGO — Two consumers have filed a class action lawsuit against a debt collector, alleging unlawful sharing of customers information to third party companies.

Justin Evans and Cristina Wiseman, individually and on behalf of all others similarly situated, filed a complaint July 5 in U.S. District Court for the Southern District of California against Credit Control LLC alleging the defendant violated the Fair Debt Collection Practices Act and The Rosenthal Fair Debt Collection Practices Act.

According to the complaint, in April 2016, the plaintiffs incurred financial obligations to Capital One, NA for personal credit cards. Evans and Wiseman say they both received debt collection letters from Credit Control stating that different companies shared collected information about customers without their or the class' express consent. 

The plaintiffs allege Credit Control shared information about a consumer with third parties without the prior consent of the consumers and used unfair or unconscionable means to collect or attempt to collect a debt.

Evans and Wiseman seek trial by jury, actual and statutory damages, costs of litigation, attorney fees, and all other just and proper relief. They are represented by attorneys Joshua B. Swigart of Hyde & Swigart in San Diego, Daniel G. Shay of Law Office of Daniel G. Shay in San Diego, and by Abbas Kazerounian of Kazerounin Law Group APC in Costa Mesa, California.

U.S. District Court for the Southern District of California case number 3:17-cv-01350-CAB-JLB

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