SAN DIEGO – A San Diego consumer alleges a Riverside County law firm did not provide her with enough time to dispute an alleged debt.
Barbara Franklin filed a complaint on May 22 in the U.S. District Court for the Southern District of California against Reynolds, Jensen, Swan & Pershing LLP and Philip Supina alleging violation of the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiff obtained a $50,000 loan from Supina in 2015 and Reynolds, Jensen, Swan & Pershing LLP was hired to represent him in collecting the debt. The plaintiff alleges she received a collection letter from the firm in January that incorrectly stated the remaining balance due was $35,000 instead of $32,500.01. She also alleges she was not given adequate time to dispute the debt, as the firm's letter stated she had 10 days to respond instead of the 30 required by the FDCPA.
The plaintiff requests a trial by jury and seeks judgment against defendants, award of actual and statutory damages, attorney's fees and costs, and other relief the Court deems just. She is represented by Joshua B. Swigart and Yana A. Hart of Hyde & Swigart APC in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-01022