SAN DIEGO — An Imperial County man is suing a consumer reporting agency, alleging misrepresentation in debt collection.
Essai Padilla of Brawley City, California, filed a complaint Feb. 12 in U.S. District Court for the Southern District of California against Overseas Military Sales Corporation -- OMSC Ltd., alleging violation of the Fair Credit Reporting Act and the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, on July 24, 2017, Padilla emailed the defendant to request documentation related to the repossession and sale of his vehicle because he wanted to review the paperwork before agreeing to make payments. Padilla says Overseas Military Sales refused to send the documents and has not authorized to obtain a copy of his credit report for the purpose of obtaining new or additional credit.
The plaintiff alleges Overseas Military Sales engaged in illegal conduct, the natural consequence of which is to harass, oppress, or abuse consumers in connection with the collection of an alleged debt.
Padilla seeks trial by jury, statutory damages of $1,000, actual damages, attorney fees, costs incurred, pre- and post-judgment interest and all other relief the court deems proper. He is represented by attorneys Elliot Rosenberger and Joshua Biletsky of Biletsky Rosenberger in Los Angeles.
U.S. District Court for the Southern District of California case number 3:18-cv-00333-L-BLM