SACRAMENTO – An identity theft victim alleges that two debt collectors are attempting to collect on fraudulent debts.
Chanel Galvan filed a complaint on April 12 in the U.S. District Court for the Eastern District of California against Cach LLC and Mandarich Law Group LLP citing the California Identity Theft Act (CITA), the Fair Debt Collection Practices Act (FDCPA), and the Rosenthal Fair Debt Collection Practices Act (RFDCPA).
According to the complaint, the plaintiff alleges that her sister, Carmelita Jordan, used the plaintiff's name to open numerous credit card accounts and when she was charged and/or ticketed for violation California penal and vehicle codes. Jordan was later charged and convicted, the suit states, and the defendants failed a suit against the plaintiff in 2011 to collect on the accounts opened by Jordan. The plaintiff alleges she disputed the fraudulent accounts and believed the issue was resolved.
The suit states the defendants attempted to garnish her wages on the fraudulent debt in January.
The plaintiff holds Cach LLC and Mandarich Law Group LLP responsible because the defendants allegedly failed to investigate plaintiff’s claims of identity theft and have instead repeatedly attempted to collect the fraudulent debt.
The plaintiff requests a trial by jury and seeks judgment against the defendants, award of actual damages, equitable relief, civil penalty of up to $30,000, costs of litigation, attorney’s fees, and all other relief that the court deems just. She is represented by Wayne A. Sinnett and Crystal T. Innabi of Sinnett Law APC in San Diego.
U.S. District Court for the Eastern District of California case number 2:18-cv-00902