SAN DIEGO – A San Diego consumer alleges a debt collector is attempting to collect on a debt that was paid off.
Matthew Melley filed a complaint on Sept. 13 in the U.S. District Court for the Southern District of California against AFNI Inc. and Does 1-10 alleging violation of the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiff closed an account with Dish and under the agreement with the cable provider, the plaintiff paid $220 and returned the equipment. He alleges the defendant sent him a bill for $91.95 in June on the Dish account, which the plaintiff alleges was paid in full and terminated.
The plaintiff holds AFNI Inc. and Does 1-10 responsible because the defendants allegedly attempted to collect a non-existent and paid off debt, threatened an action it was not legally entitled to take, and continued to place robocalls with plaintiff on repeated occasions.
The plaintiff requests a trial by jury and seeks judgment against defendant, award of actual and statutory damages, costs of litigation, attorney’s fees and other relief the court should deem just. He is represented by Yana A. Hart and Joshua B. Swigart of Hyde & Swigart APC in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-02129