Consumer accuses debt collector of violating FDCPA

By Jenie Mallari-Torres | Feb 21, 2018

SAN DIEGO — A San Diego County man has filed a class action lawsuit against a debt collector, alleging violation of the Fair Debt Collection Practices Act (FDCPA).

SAN DIEGO — A San Diego County man has filed a class action lawsuit against a debt collector, alleging violation of the Fair Debt Collection Practices Act (FDCPA).

Adrian Chavez filed a complaint, individually and on behalf of all others similarly situated, Feb. 8 in U.S. District Court for the Southern District of California against Borrowersfirst Inc., alleging violation of FDCPA through abusive, deceptive and unfair debt collection practices.

According to the complaint, Chavez and other consumers have suffered damages, including violation of privacy, embarrassment, shame, anxiety, fear and feelings of despair, as a result of Borrowerfirst's abusive conduct in calling the plaintiffs and/or leaving prerecorded voice message in its attempt to collect an alleged debt. 

The plaintiffs allege Borrowersfirst failed to disclose its identity as a debt collector, and used false representations or deceptive means in an attempt to collect on an alleged debt.

Chavez seeks trial by jury, certify the case as a class action, appoint Chavez and his counsel as class representative and class counsel, actual damages, statutory damages of $1,000, costs of litigation, attorney fees and all other relief the court deems just. The plaintiffs are represented by attorneys Abbas Kazerounian of Kazerouni Law Group APC in Costa Mesa, and by Daniel G. Shay of Law Office of Daniel G. Shay in San Diego.

U.S. District Court for the Southern District of California case number 18-cv-309

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