SACRAMENTO — A Moreno Valley woman has filed a class action lawsuit against a Modesto credit company, alleging misrepresentation in debt collection.
Joyce Chavez, individually on behalf of all others similarly situated, filed a complaint Nov. 9 in U.S. District Court for the Eastern District of California against Stanislaus Credit Control Service Inc., alleging violation of the Federal Fair Debt Collection Practices Act.
According to the complaint, on Aug. 29, Chavez was sent an initial collection letter from Stanislaus Credit, and alleges the letter consists of unclear, inconsistent and contradicting language or words to a least sophisticated consumer or class. The suit says the letter states Chavez and other consumers can only exercise his or her rights to seek validation of the alleged debt of he or she believes the debt is not owned which overshadows and contracts the 30-day dispute notice.
The plaintiff alleges Stanislaus Credit Control engaged in the unfair business practice of intentionally, falsely and deceptively depriving or interfering with the class’ right to specific information mandated by the FDCPA.
Chavez seeks trial by jury, statutory damages of up to $1,000 for each class member, or $500 or 1 percent of the defendant's net worth, attorney fees, costs of suit and all further relief the court deems necessary, just and proper. She is represented by attorney G. Martin Thomas, III of Martin & Bontranger, APC in Los Angeles.
U.S. District Court for the Eastern District of California case number 1:17-cv-01515-LJO-SAB