SAN DIEGO – A Coronado consumer alleges a debt collector is attempting to collect a purported debt that is time barred.
Julie Martin filed a complaint on April 10 in the U.S. District Court for the Southern District of California against HPT Group LLC, doing business as Heritage Portfolio, alleging Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that the defendant has called repeatedly in the last year to collect an alleged debt. The suit states the alleged debt is more than 10 years old and is time barred from any legal recourse.
The plaintiff holds HPT Group LLC responsible because the defendant allegedly caused a telephone to ring repeatedly or continuously with intent to annoy, harass or abuse plaintiff, threatened to take action that could not be legally taken, and failed to disclose that he/she was a debt collector.
The plaintiff requests a trial by jury and seeks judgment against defendant for actual and statutory damages, costs of litigation, attorneys’ fees, punitive damages, and further relief as may be just. She is represented by Trinette G. Kent of Lemberg Law LLC in Phoenix, Arizona.
U.S. District Court for the Southern District of California case number 3:18-cv-00706