SAN DIEGO – A San Diego County consumer alleges she has received unwanted text messages and phone calls regarding an alleged debt that was discharged in a bankruptcy filing.
Ophelia Augustine, individually and on behalf of all others similarly situated, filed a complaint on June 1 in the U.S. District Court for the Southern District of California against TLC Resorts Vacation Club LLC alleging violation of the Telephone Consumer Protection Act.
According to the complaint, a bankruptcy notice regarding the plaintiff was mailed to the defendant in October 2017 to notify it that the plaintiff's alleged debt to it had been discharged. She alleges the defendant continues to contact her to collect the alleged debt.
The plaintiff holds TLC Resorts Vacation Club LLC responsible because the defendant allegedly invaded her privacy with its calls and messages.
The plaintiff requests a trial by jury and seeks statutory damages of $500 for each and every violation, treble damages of $1,500 for each and every willful violation and such other just and proper relief. She is represented by Joshua B. Swigart and Yana A. Hart of Hyde & Swigart APC in San Diego; Abbas Kazerounian of Kazerouni Law Group APC in Costa Mesa; and Daniel G. Shay of Law Office of Daniel G. Shay in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-01120-H-JMA