Debt Collector Harassment Lawsuit Filed against Kaiser Foundation

San Diego, CAA plaintiff who was treated for cancer has filed two lawsuits against Kaiser, alleging debt collector harassment on the part of Kaiser. According to court documents, Kaiser continued attempting to contact the plaintiff even after it became aware that he was represented by an attorney. The debt collector lawsuit alleges that Kaiser’s actions are part of a practice of doing business, involving illegal collection activity to make a profit.

According to court documents, Farid Mashiri owes Kaiser for medical treatments related to his cancer. Mashiri filed a first lawsuit against Kaiser Collection Consultants of California, alleging the company used illegal collection practices to force him to pay. Despite having filed the lawsuit, Kaiser then allegedly contacted Mashiri twice more demanding payment.

The lawsuit states that because Kaiser contacted Mashiri after he obtained legal representation, he has the right to file another lawsuit, which he did against Kaiser Foundation Health Plan.

“Plaintiff alleges that Defentants’ harassing communications are part of an overall unlawful business pattern and practice whereby they have knowingly, willfully, and intentionally enterprised a profitable scheme through illegal collection activity,” court documents state.

Mashiri alleges the harassment has resulted in mental and emotional distress, loss of sleep and anxiety. He also claims that because very few debtors know their rights in relation to debt collection, very few lawsuits are filed to stop collectors from harassing debtors, allowing the defendants to continue the harassment and profit from it. “Defendants’ harassing acts and violations of both federal and California law were so willful, vexatious, outrageous, oppressive, and maliciously calculated enough, so as to warrant statutory penalties and punitive damages as permitted by law,” the lawsuit claims.

The lawsuit alleges that Kaiser’s harassment “offends established public policy or is immoral, unethical, oppressive, unscrupulous, and substantially injurious to consumers.” Mashiri argues that Kaiser’s actions violate the Rosenthal Fair Debt Collections Practice Act and California Business and Profession Code.

Many consumers do not fully understand their rights when it comes to debt collection. They assume that because they owe the debt, they must endure harassing and threatening phone calls. In reality, there are laws that govern when debt collectors can contact debtors and the tactics they can use to obtain payment. They cannot make harassing, intimidating or threatening phone calls, they can only call during certain times of day and they are limited in which people they can communicate with about the debt.

Violations of debt collection laws can result in lawsuits being filed against the debt collector.