SAN DIEGO – A San Diego consumer alleges a debt collector referenced foreclosure proceedings in letters but never initiated the foreclosure process.
Guillermo Aviles, individually and on behalf of all others similarly situated, filed a complaint on July 30 in the U.S. District Court for the Southern District of California against Ocwen Loan Servicing LLC alleging that the debt collector violated the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on Nov. 29, 2017, and Dec. 27, 2017, he received a collection letter from the defendant that repeatedly referenced foreclosure proceedings and "threatened" to increase his obligations because of attorney's fees and costs. He alleges at no point prior or after to sending these letters did the defendant initiate a foreclosure process
The plaintiff holds Ocwen Loan Servicing LLC responsible because the defendant allegedly used written communications to create a false sense of urgency and use false and deceptive representations to collect an alleged debt.
The plaintiff requests a trial by jury and seeks an order certifying this action as a class action and appointing plaintiff and his counsel as representatives, award for actual and statutory damages, attorney's fees, costs and all other just and proper relief.
He is represented by Abbas Kazerounian, Matthew M. Loker and Elizabeth Wagner of Kazerouni Law Group, APC in Costa Mesa; Daniel G. Shay of Law Office of Daniel G. Shay in San Diego; and Joshua B. Swigart of Hyde & Swigart in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-01749-JLS-NLS