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Consumer accuses debt collector of violating FDCPA

NORTHERN CALIFORNIA RECORD

Friday, November 22, 2024

Consumer accuses debt collector of violating FDCPA

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SAN DIEGO — A San Diego man is suing an Oregon debt collector, alleging violations of the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (Rosenthal Act).

Noushin Hosseinzadeh filed a complaint Jan. 10 in U.S. District Court for the Southern District of California against Automated Collection Services Inc. of Portland, Oregon, alleging violation of FDCPA through abusive, deceptive and unfair debt collection practices.

According to the complaint, sometime before Sept. 29, 2017, Hosseinzadeh is alleged to have incurred certain financial obligations to "college assist." The suit says Hosseinzadeh suffered damages from receiving a dunning initial communication from Fair Debt Collections in its attempt to collect on the plaintiff's alleged debt. 

The plaintiff alleges Automated Collection Services communicated with him through a dunning letter that was meant to abuse or harass, and failed to use correspondence sent to the plaintiff's legal counsel.

Hosseinzadeh seeks trial by jury, statutory damages of up to $1,000 for each violation, costs of litigation and attorney fees. He is represented by attorney Joshua B. Swigart of Hyde & Swigart in San Diego.

U.S. District Court for the Southern District of California case number 18-cv-64

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