SAN DIEGO – An Oceanside consumer claims false representations made by a debt collector negatively impacted his legal rights and caused him confusion.
David Mollison filed a complaint on May 22 in the U.S. District Court for the Southern District of California against LVNV Funding LLC, Resurgent Capital Services LP and Does 1-10 alleging that they violated the Rosenthal Fair Debt Collection Practices Act and the California Fair Debt Buying Practices Act.
According to the complaint, the plaintiff became delinquent on a debt allegedly owed to Credit One Bank in August 2016 and the following month, LVNV acquired the account. The suit states on Nov. 28, 2017, LVNV filed a complaint against plaintiff in San Diego Superior Court claiming an unpaid balance of $1,424.69.
The plaintiff holds LVNV Funding LLC, Resurgent Capital Services LP and Does 1-10 responsible because the defendants allegedly falsely stated the defendant LVNV is the only entity that purchased the debt after charge off, when in fact there were prior entities that had it after charge off. He also alleges that LVNV communicated a false impression of the amount of the alleged debt.
The plaintiff requests a trial by jury and seeks actual damages, statutory damages of $1,000, attorney’s fees and costs and such other and further relief the court may deem just and proper. He is represented by Scott M. Grace of The Grace Law Group APC in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-01023-H-WVG