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JONATHAN A. STIEGLITZ, ESQ. 

(SBN 278028) 

jonathan.a.stieglitz@gmail.com 

THE LAW OFFICES OF 

JONATHAN A. STIEGLITZ 

11845 W. Olympic Blvd., Suite 750 

Los Angeles, California 90064 

Telephone: (323) 979-2063 

Facsimile: (323) 488-6748 

Attorney for Plaintiff 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

San Francisco / Oakland Division 

LILIANA MARTINEZ, 

 Plaintiff, 

 -againstSTELLAR RECOVERY, INC., 

 Defendant. 

Case No.: 

COMPLAINT for violations of the Fair 

Debt Collection Practices Act, 15 U.S.C. 

§ 1692 et seq. and the Rosenthal Fair 

Debt Collections Practices Act, Cal. Civ. 

Code § 1788 et seq. 

 Plaintiff Liliana Martinez ("Plaintiff") by and through her attorneys, The 

Law Offices of Jonathan A. Stieglitz, as and for its Complaint against Defendant 

Stellar Recovery, Inc. ("Defendant") respectfully sets forth, complains and alleges, 

upon information and belief, the following: 

JURISDICTION AND VENUE 

1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 

§ 1331, as well as 15 U.S.C. § 1692 et seq. and 28 U.S.C. § 2201. The Court 

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also has pendant jurisdiction over the State law claims in this action pursuant 

to 28 U.S.C. § 1367(a). 

2. Venue is proper in this judicial district pursuant to 28 U.S.C. 

§ 1391(b)(2). 

3. Plaintiff brings this action for damages and declaratory and injunctive 

relief arising from the Defendant’s violations of 15 U.S.C. § 1692 et seq., 

commonly known as the Fair Debt Collections Practices Act (“FDCPA”), 

and Cal. Civ. Code § 1788 et seq., commonly known as the Rosenthal Fair 

Debt Collections Practices Act (“RFDCPA”). 

PARTIES 

4. Plaintiff is a resident of the State of California, residing in the County 

of San Francisco, at 334 Capp Street B, San Francisco, CA 94110. 

5. Defendant is "debt collector" as the phrase is defined in 15 U.S.C. 

§ 1692(a)(6) and used in the FDCPA, with an address at 4500 Salisbury 

Road, Ste. 105, Jacksonville, FL 32216. 

 

FACTUAL ALLEGATIONS

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6. Plaintiff incorporates by reference all of the above paragraphs of this 

Complaint as though fully stated herein with the same force and effect as if 

the same were set forth at length herein. 

7. On information and belief, on a date better known to Defendant, 

Defendant began collection activities on an alleged consumer debt from the 

Plaintiff (“Alleged Debt”). 

8. The Alleged Debt was incurred as a financial obligation that was 

primarily for personal, family or household purposes and is therefore a 

“debt” as that term is defined by 15 U.S.C. § 1692a(5). The debt had an 

original creditor of Comcast, was incurred for personal purposes and is a 

consumer debt. 

9. On or around June 6, 2016, Defendant sent Plaintiff a collection letter. 

10. The collection letter stated “If you choose to pay this amount due credit/debit 

card or by check over the telephone, you may be charged a $9.50 

convenience fee.” 

11. Plaintiff did not agree to such a collection charge. 

12. The addition of this collection fee by Defendant, which was not authorized 

by the agreement creating the debt or permitted by law (Cal. Civ. Code § 

1748.1(a)), was an attempt to collect an amount not owed by Plaintiff. 

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13. As a result of Defendant's deceptive, misleading and unfair debt collection 

practices, Plaintiff has been damaged. 

FIRST CAUSE OF ACTION 

(Violations of the FDCPA) 

14. Plaintiff incorporates by reference all of the above paragraphs of this 

Complaint as though fully stated herein with the same force and effect as if 

the same were set forth at length herein. 

15. Defendant’s debt collection efforts attempted and/or directed towards 

Plaintiff violate various provisions of the FDCPA, including but not limited 

to 15 U.S.C. §§ 1692(d), 1692e, 1692e(2), 1692e(5), 1692e(10),1692f and 

1692f(1). 

16. As a result of the Defendant’s violations of the FDCPA, Plaintiff has 

been damaged and is entitled to damages in accordance with the FDCPA. 

SECOND CAUSE OF ACTION 

(Violations of the RFDCPA) 

17. Plaintiff incorporates by reference all of the above paragraphs of this 

Complaint as though fully stated herein with the same force and effect as if 

the same were set forth at length herein. 

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18. The RFDCPA requires debt collectors to comply with the FDCPA, and 

a violation of the FDCPA is also a violation of the RFDCPA. Cal. Civ. Code 

§ 1788.17. 

19. The remedies under the FDCPA and RFDCPA are cumulative, and 

Plaintiff is entitled to damages under both acts. 

20. Upon information and belief, Defendant willfully and knowingly 

committed the violations of the FDCPA and RFDCPA described herein, and 

Plaintiff is entitled to statutory damages pursuant to Cal. Civ. Code 

§ 1788.30(b). 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment from the Defendants as follows: 

 a) For actual damages provided and pursuant to 15 U.S.C. § 1692k(a)(1) 

and Cal. Civ. Code § 1788.30(a); 

 b) For statutory damages provided and pursuant to 15 U.S.C. 

§ 1692k(a)(2)(A) and Cal. Civ. Code § 1788.30(b); 

 c) For attorney fees and costs provided and pursuant to 15 U.S.C. 

§ 1692k(a)(3) and Cal. Civ. Code § 1788.30(c); 

 d) A declaration that the Defendant’s practices violated the FDCPA and 

the RFDCPA; and 

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 e) For any such other and further relief, as well as further costs, expenses 

and disbursements of this action as this Court may deem just and proper. 

Dated: February 21, 2017 

THE LAW OFFICES OF 

JONATHAN A. STIEGLITZ 

 By: /s/ Jonathan A Stieglitz 

 Jonathan A Stieglitz 

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