SAN DIEGO — A San Diego woman is suing a debt collector, alleging harassment and invasion of privacy in an attempt to collect a debt.
Florence Morris filed a complaint July 5 in U.S. District Court for the Southern District of California against Squaretwo Financial Services Corporation, doing business as Fresh View Solutions, alleging violation of the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, on Jan. 20, Morris, on behalf of her attorney sent two cease and desist letters to the Fresh View regarding her debt to WebBank. The suit says the cease and desist letters effectively gave the defendant notice of representation that all communications should directed to Morris'r attorney.
Morris says she still received collection letters and threats to extort payment from her.
The plaintiff alleges Fresh View failed its duty of care to Morris to reasonably protect her privacy rights and avoid contacting after its knowledge of that Morris was being represented by an attorney and receiving attorney's cease and desist letters.
Morris seeks trial by jury, actual damages, statutory damages of $1,000, attorney fees, court costs, punitive damages, and all other just and proper relief. She is represented by attorneys Joshua B. Swigart and Yana A. Hart of Hyde & Swigart in San Diego, and by Daniel G. Shay of Law Office of Daniel G. Shay in San Diego.
U.S. District Court for the Southern District of California case number 3:17-cv-01353-W-WVG