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Consumer Law
Fair Debt Collection Practices Act
California Rosenthal Fair Debt Collection Practices Act

Harriet Gatchalian, on behalf of herself and all others similarly situated v. Atlantic Recovery Solutions LLC, Zachariah Yahia Aga, individually and in his official capacity, DNF Associates LLC, and Does 1 through 10, inclusive

Published: Jun. 14, 2024 | Result Date: Nov. 16, 2023 | Filing Date: Jun. 6, 2022 |

Case number: 3:22-cv-04108-JSC Settlement –  $51,975

Judge

Jacqueline S. Corley

Court

USDC Northern District of California


Attorneys

Plaintiff

Frederick W. Schwinn
(Consumer Law Center Inc.)

Raeon R. Roulston
(Consumer Law Center Inc.)

Matthew C. Salmonsen
(Consumer Law Center Inc.)


Defendant

Brett B. Goodman
(Goodman Law Firm APC)

Brendan H. Little
(Lippes Mathias LLP)


Facts

After Harriet Gatchalian incurred and defaulted on a consumer debt, it was transferred to DNF Associated LLC. DNF then used Atlantic Recovery Solutions LLC's services to collect the debt from Gatchalian. According to Gatchalian, from June to October of 2021, Atlantic Recovery Solutions left numerous voicemails on and sent text messages to her cell phone, regarding legal notices, case filed, negative recommendation, and employment verification with her employer. On June 6, 2022, Gatchalian sued Atlantic Recovery Solutions, DNF Associates, and others in Santa Clara Superior, alleging that defendants violated, among others, the state and federal Fair Debt Collection Practices Act.

Result

Defendant denied all liability but agreed to settle the case for $51,975 with no less than $175 to each class member. Gatchalian was paid $2,000 in statutory damages and another $2,000 as a service award. Defendants also agreed to stop collecting Gatchalian's Sallie Mae Bank debt and pay for attorneys' fees and costs.


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