Suit Seeks to Stop Student Loan Debt Collector From Violating Multiple Statutes
America Education Services (AES) regularly attempts to collect student loan debt using an automatic telephone dialing system to place calls using an artificial or prerecorded voice in violation of the Telephone Consumer Protection Act, alleged plaintiff Dominic Miraglia’s complaint Wednesday…
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in U.S. District Court for Southern California. Miraglia, a San Diego resident, also alleges violations of the Fair Credit Reporting Act and California’s Rosenthal Fair Debt Collection Practices Act. The plaintiff filed for Chapter 7 bankruptcy in July 2022, listing AES as a creditor for an unpaid student loan balance of nearly $7,800, said the complaint. The bankruptcy court sent AES notice of the bankruptcy and automatic stay, but AES nevertheless continued phoning Miraglia to collect the debt, it said. Despite AES having notification of the plaintiff’s bankruptcy discharge, the defendant failed to report to the credit reporting agencies the debt as discharged, it said. AES’ “overwhelming” collection activities and substantial intrusion upon seclusion “directly and proximately” caused Miraglia “undue stress, irritability, anxiety, and confusion,” it said. As a direct result of AES’ actions, the plaintiff spent time and money consulting a lawyer, and incurred attorney fees and costs, it said.