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Consumer Law
Consumer Protection
Fair Debt Collection Act

Frances Garcia v. Allied Interstate LLC fka Allied Interstate Inc.

Published: Aug. 9, 2014 | Result Date: Nov. 4, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-03076-TLN-EFB Settlement –  $250

Court

USDC Eastern


Attorneys

Plaintiff

Amy L. Bennecoff


Defendant

Brett B. Goodman
(Goodman Law Firm APC)


Facts

Frances Garcia sued Allied Interstate LLC fka Allied Interstate Inc., a debt collection company, under the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the California Rosenthal Fair Collection Practices Act.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she received numerous harassing phone calls from defendant, seeking to collect on an alleged debt. Defendant's collectors called plaintiff as early as 7 a.m., and the phone calls continued even after plaintiff requested that defendant's collectors stop calling. Plaintiffs believed defendant continued to call her in order to annoy and harass her. Plaintiffs alleged that defendant never informed her the amount of debt they were seeking to collect, the original creditor of the alleged debt, or send anything in writing advising her of her rights to dispute the debt and/or seek verification. Plaintiff alleged that defendant's conduct violated the FDCPA, TCPA, and the RFCPA.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations, and asserted various affirmative defenses.

Settlement Discussions

Defendant made an offer of judgment in the amount of $250.

Result

Plaintiff accepted defendant's offer of judgment. As such, judgment was entered against defendant in the amount of $250 settlement, plus reasonable costs and attorney fees.

Other Information

FILING DATE: Dec. 21, 2012.


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