SACRAMENTO – A consumer alleges a debt collector unlawfully continued to contact him after he told it he was represented by counsel.
Jeff Stanley filed a complaint on July 10 in the U.S. District Court for the Eastern District of California against Navient Solutions LLC and Does 1 through 100 over alleged violation of the Rosenthal Fair Debt Collection Practices Act and Telephone Consumer Protection Act.
According to the complaint, in March, the plaintiff started receiving calls from the defendant inquiring about the status of the loan and to collect on the payments that were allegedly no longer being made. Despite sending the defendant a letter through his counsel that he no longer wished to be contacted, the plaintiff claims his efforts were ignored and continues to receive calls numerous times each day demanding payment on the account.
The plaintiff holds Navient Solutions LLC and Does 1 through 100 responsible because the defendant allegedly continued to call and attempted to make contact with plaintiff despite receiving notice of representation and being informed that plaintiff had retained counsel in an effort to deal with the alleged debt that was owed to it.
The plaintiff requests a trial by jury and seeks award of actual and statutory damages, with costs of litigation, and injunctive relief prohibiting such conduct in the future. He is represented by Scott J. Sagaria, Elliot W. Gale, Joe B. Angelo and Scott M. Johnson of Sagaria Law PC in Roseville.
U.S. District Court for the Eastern District of California case number 2:18-cv-01913-TLN-CKD