Ailyn Alonso v. Midland Credit Management, Inc.

San Diego, California consumer credit lawyer represented the Plaintiff who sued the Defendant on a Fair Debt Collection Act violation theory.



"The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive debt collection practices. The FDCPA applies to all debt collectors, including collection agencies, creditors, and lawyers who collect debts on behalf of creditors.



The FDCPA prohibits debt collectors from engaging in the following practices:



False or misleading representations, such as threatening to garnish wages or seize property if the consumer does not pay the debt, when the debt collector knows that such action is not possible.

Harassing or abusive conduct, such as calling the consumer at unreasonable hours, calling the consumer's employer or friends, or using obscene or profane language.

Using threats of violence or harm.

Contacting the consumer after they have requested that the debt collector stop contacting them.

Contacting the consumer at their place of employment if the consumer has told the debt collector that they do not want to be contacted at work.

Contacting the consumer's family members, friends, or neighbors to collect the debt, unless the consumer has given the debt collector permission to do so.



If a debt collector violates the FDCPA, the consumer may be able to sue the debt collector in federal court. The consumer may be awarded damages, including actual damages, statutory damages, and attorney's fees.



Here are some tips for consumers who are being contacted by a debt collector:



Be polite but firm. Tell the debt collector that you are aware of your rights under the FDCPA and that you do not want to be contacted further.

Keep a record of all contacts with the debt collector. This includes the date and time of the contact, the name of the debt collector, and what was said.

If the debt collector violates the FDCPA, you may be able to sue them in federal court.



If you have any questions about your rights under the FDCPA, you should contact an attorney."



Google Bard

11/08/2023 11 ORDER Directing Clerk to Enter Judgment (ECF No. 9 ). Signed by Judge M. James Lorenz on 11/8/2023.(cxl1) (Entered: 11/08/2023)

11/08/2023 12 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is in favor of Ailyn Alonso against Midland Credit Management, Inc.(cxl1) (Entered: 11/08/2023)