OCALA – A consumer alleges that a debt collector continued to contact him via phone after he requested all communication be done through mail.
Vincent Malfa filed a complaint on Oct. 17 in the U.S. District Court for the Middle District of Florida, Ocala Division against Stellar Recovery Inc. alleging violation of the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on Feb. 23, he received a call from the defendant attempting to collect an alleged debt. He alleges he demanded that all communication regarding the alleged debt from the defendant should be done through mail, but the defendant called again on March 1.
The plaintiff holds Stellar Recovery Inc. responsible because the defendant allegedly failed to disclose during an oral communication that the call was from a debt collector during a call and that the defendant engaged in illegal communication by not acquiring a prior express consent.
The plaintiff requests a trial by jury and seeks judgment against the defendant, damages, attorney's fees, costs and any other relief as the court deems proper. He is represented by Nicholas Michael Murado of Murado Law PA in Miramar.
U.S. District Court for the Middle District of Florida, Ocala Division Case number 5:16-cv-00618