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Consumer accuses debt collector of violating FDCPA

NORTHERN CALIFORNIA RECORD

Thursday, November 21, 2024

Consumer accuses debt collector of violating FDCPA

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SACRAMENTO — A Moreno Valley woman has filed a class action lawsuit against a debt collector, alleging violation of the Federal Fair Debt Collection Practices Act (FDCPA).

Joyce Chavez filed a complaint, individually and on behalf of all others similarly situated, Nov. 9 in U.S. District Court for the Eastern District of California against Stanislaus Credit Control Service Inc., alleging violation of the FDCPA through abusive, deceptive and unfair debt collection practices.

According to the complaint, Chavez and other similarly situated consumers have suffered harm and damages from receiving a letter from the defendant in an attempt to collect on an alleged debt. However, the suit says, the letter does not contain any of the disclosures required in an initial communication and is inconsistent with the notice of the plaintiffs' rights to dispute and verify the debt. 

The plaintiff alleges Stanislaus Credit Control Service failed to identify the name of the creditor to whom the alleged debt was owed. 

Chavez and the other plaintiffs seek a trial by jury, statutory damages up to $1,000 per class member, attorney fees, costs of suit and all further relief the court deems necessary. They are represented by attorneys G. Thomas Martin III and Nicholas J. Bontrager of Martin & Bontrager APC in Los Angeles.

U.S. District Court for the Eastern District of California case number 17-cv-01515

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