SAN DIEGO – A San Diego consumer alleges a New York-based debt collector threatened him with legal action that it cannot legally take.
Hunter Lohmann filed a complaint on Sept. 27 in the U.S. District Court for the Southern District of California against RMA Recovery Group LLC alleging violation of the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on June 12, a representative of the defendant left a voicemail on his answering system and failed to identify herself as a debt collector. He alleges when he returned the call, the representative threatened legal action.
The plaintiff holds RMA Recovery Group LLC responsible because the defendant allegedly failed to disclose that it was a debt collector and/or attempting to collect on a debt and threatened to take action that could not be legally taken.
The plaintiff requests a trial by jury and seeks judgment against defendant for actual, statutory and punitive damages; costs of litigation; attorney's fees; and further relief as the court may be just. He is represented by Trinette G. Kent of Lemberg Law LLC in Phoenix.
U.S. District Court for the Southern District of California case number 3:18-cv-02251