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NORTHERN CALIFORNIA RECORD

Friday, April 19, 2024

Debt collector accused of violating phone privacy law

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SAN DIEGO — A San Diego man is suing a debt collector, alleging violation of telephone harassment statutes.

Adriano Mabeza filed a complaint Sept. 25 in U.S. District Court for the Southern District of California against Ashfield Management Services Inc. and Lenny Credit Inc., alleging they violated the Telephone Consumer Protection Act through intrusive and unwanted calls.

According to the complaint, since Sept. 15, 2016, Mabeza has been contacted by the defendants through his cellular telephone in an attempt to collect upon an alleged debt. The suit says the defendants illegally used an automatic telephone dialing system (ATDS) despite repeated verbal confirmations from Mabeza that all communications regarding the debt should be directed to his attorney. 

The plaintiff alleges the defendants subjected Mabeza to abuse and harassment, threatened to take action against the plaintiff that cannot legally be taken, and utilized deceptive means to collect a debt.

Mabeza seeks trial by jury, j$1,500 in statutory damages for each and every willful violation, $500 in statutory damages for each and every violation, actual damages, attorney fees and costs of litigation, and all other relief the court deems proper. He is represented by attorney Wayne A. Sinnett of Sinnett Law APC in San Diego.

U.S. District Court for the Southern District of California case number 17-C-1946

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