SAN DIEGO – A San Diego County consumer alleges a debt collector is harassing him with phone calls.
Wade M. Kilbarger filed a complaint on March 26 in the U.S. District Court for the Southern District of California against Credence Resource Management LLC and Does 1-10 over alleged violation of the Rosenthal Fair Debt Collection Practices Act, the Fair Debt Collection Practices Act and Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that on Aug. 14, 2017, his counsel sent a cease and desist letter informing the defendant that all further communications in regards to the plaintiff's alleged debt should be sent to his counsel. The plaintiff alleges that despite plaintiff's clear request in writing, defendant continues to call his cellular telephone repeatedly through the use of an automatic telephone dialing system and/or recorded voice as often as one to three times per day.
The plaintiff holds Credence Resource Management, LLC responsible because the defendant allegedly has unlawfully called him more than 100 times since receiving the cease and desist letter.
The plaintiff requests a trial by jury and seeks compensatory, statutory and exemplary and/or punitive damages; reasonable attorney's fees; costs; injunctive relief; and for such other and further relief as the court may deem just and proper. He is represented by Ahren A. Tiller of Bankruptcy Law Center APC in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-00612-H-AGS