SACRAMENTO — A consumer is suing a debt collector, alleging violation of the Fair Debt Collection Practices Act (FDCPA), violation of the Rosenthal Fair Debt Collection Practices Act, intentional infliction of emotional distress and negligent infliction of emotional distress.
Mackenzie Wilson filed a complaint Jan. 9 in U.S. District Court for the Eastern District of California against Hy Cite Enerprises LLC and Terrence P. Torney,, alleging they violated FDCPA through abusive, deceptive and unfair debt collection practices.
According to the complaint, Wilson suffered harm and damages from receiving calls, emails and text messages from defendants at least 75 times, in an attempt to collect an alleged debt. During those calls, Wilson says she was threatened and harassed with the intent of causing emotional distress to intimidate her into paying the alleged debt.
The plaintiff alleges the defendants failed to disclose on its initial communication that it was attempting to collect a debt, and caused emotional stress by threatening to take legal action and property seizure against the plaintiff.
Wilson seeks trial by jury, actual, general, statutory and punitive damages of $1,000 per each code violation, costs of litigation, attorney fees and all other relief the court deems just. She is represented by attorney Lora Grevious of Toeppen & Grevious in Sacramento.
U.S. District Court for the Eastern District of California case number 18-cv-45