FRESNO – A Modesto consumer alleges a collection letter she received has deceptive statements regarding the legal status of an alleged debt.
Sonja Hallmon filed a complaint individually and on behalf of all others similarly situated on Aug. 7 in the U.S. District Court for the Eastern District of California against AFNI Inc. and John Does 1-25 alleging violation of the Fair Debt Collection Practices Act.
According to the complaint, AFNI sent the plaintiff a collection letter in August 2017 regarding an alleged debt owed to AT&T Mobility. She alleges the letter included a deceptive statement that said that AFNI cannot sue plaintiff because the debt is time barred. She alleges because the alleged debt is time barred, no party can sue her for it but the letter implies only AFNI cannot file a suit.
The plaintiff holds AFNI Inc. and John Does 1-25 responsible because the defendants allegedly failed to clearly state the legal status of the debt and the potential ramifications for paying or not paying for it.
The plaintiff requests a trial by jury and seeks judgment against the defendants for declaratory relief, actual and statutory damages, attorney's fees, costs and further relief as the court may deem just. She is represented by Jonathan A. Stieglitz of Law Offices of Jonathan A. Stieglitz in Los Angeles.
U.S. District Court for the Eastern District of California case number 1:18-cv-01057