SACRAMENTO – A Dixon consumer alleges an Illinois debt collector continued to call him after he sent a cease and desist letter.
Johnray Rodriguez filed a complaint on April 4 in the U.S. District Court for the Eastern District of California Sacramento Division against Recovery Management Services Inc. over alleged violation of the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on Nov 13, 2017, he mailed the defendant a letter requesting to cease calling his number in its attempt to collect an alleged debt. He alleges the defendant ignored the letter and continued to call.
The plaintiff holds Recovery Management Services Inc. responsible because the defendant allegedly failed to comply with the provisions of FDCPA by continuously calling to collect a debt despite receiving a written notice to cease and desist.
The plaintiff requests a trial by jury and seeks statutory damages of $1,000 with actual damages, costs of litigation, attorneys' fees, punitive damages and such other and further relief as may be just and proper. He is represented by Trinette G. Kent of Lemberg Law LLC in Phoenix, Arizona.
U.S. District Court for the Eastern District of California Sacramento Division case number 2:18-cv-00760-KJM-EFB